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Request for Bids

Works
(Without Prequalification)

Procurement of Construction Works of:


Fiber Optic (passive) Infrastructure Deployment: Phase 2 (Mestia)

Employer: Open Net N(N)LE


Project: P169698
Contract title: Works of Fiber Optic (passive) Infrastructure Deployment: Phase 2 (Mestia)
Country: Georgia
Loan No. : 91610-GE
RFB No: GE-Open Net-430400-CW-RFB
Issued on: June 4, 2024
2

Standard Procurement Document

Table of Contents

PART 1 – Bidding Procedures ................................................................................................3


Section I - Instructions to Bidders .................................................................................6
Section II - Bid Data Sheet (BDS) ...............................................................................33
Section III - Evaluation and Qualification Criteria ......................................................41
Section IV - Bidding Forms .........................................................................................53
Section V - Eligible Countries ...................................................................................102
Section VI - Fraud and Corruption ............................................................................103
PART 2 –Works’ Requirements .........................................................................................105
Section VII - Works’ Requirements ..........................................................................107
PART 3 – Conditions of Contract and Contract Forms (provided in another file)
Section I – Instructions to Bidders (ITB) 3

PART 1 – Bidding Procedures


Section I – Instructions to Bidders (ITB) 4

Section I - Instructions to Bidders


Contents
A. General ..........................................................................................................................6
1. Scope of Bid .......................................................................................................6
2. Source of Funds .................................................................................................7
3. Fraud and Corruption .........................................................................................7
4. Eligible Bidders .................................................................................................7
5. Eligible Materials, Equipment, and Services ...................................................10
B. Contents of Bidding Document .................................................................................10
6. Sections of Bidding Document ........................................................................10
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ....................11
8. Amendment of Bidding Document ..................................................................13
C. Preparation of Bids ....................................................................................................13
9. Cost of Bidding ................................................................................................13
10. Language of Bid ...............................................................................................13
11. Documents Comprising the Bid .......................................................................13
12. Letter of Bid and Schedules .............................................................................14
13. Alternative Bids ...............................................................................................14
14. Bid Prices and Discounts .................................................................................15
15. Currencies of Bid and Payment .......................................................................16
16. Documents Comprising the Technical Proposal ..............................................16
17. Documents Establishing the Eligibility and Qualifications of the Bidder .......16
18. Period of Validity of Bids ................................................................................17
19. Bid Security .....................................................................................................17
20. Format and Signing of Bid ...............................................................................19
D. Submission and Opening of Bids ..............................................................................20
21. Sealing and Marking of Bids ...........................................................................20
22. Deadline for Submission of Bids .....................................................................21
23. Late Bids ..........................................................................................................21
24. Withdrawal, Substitution, and Modification of Bids .......................................21
Section I – Instructions to Bidders (ITB) 5

25. Bid Opening .....................................................................................................21


E. Evaluation and Comparison of Bids ........................................................................23
26. Confidentiality .................................................................................................23
27. Clarification of Bids .........................................................................................23
28. Deviations, Reservations, and Omissions ........................................................24
29. Determination of Responsiveness ....................................................................24
30. Nonmaterial Nonconformities .........................................................................24
31. Correction of Arithmetical Errors ....................................................................25
32. Conversion to Single Currency ........................................................................25
33. Margin of Preference .......................................................................................26
34. Subcontractors..................................................................................................26
35. Evaluation of Bids............................................................................................26
36. Comparison of Bids .........................................................................................27
37. Abnormally Low Bids......................................................................................27
38. Unbalanced or Front Loaded Bids ...................................................................28
39. Qualifications of the Bidder .............................................................................28
40. Most Advantageous Bid ...................................................................................29
41. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ............29
42. Standstill Period ...............................................................................................29
43. Notification of Intention to Award ..................................................................29
F. Award of Contract .....................................................................................................30
44. Award Criteria .................................................................................................30
45. Notification of Award ......................................................................................30
46. Debriefing by the Employer.............................................................................31
47. Signing of Contract ..........................................................................................31
48. Performance Security .......................................................................................32
49. Procurement Related Complaint ......................................................................32
Section I – Instructions to Bidders (ITB) 6

Section I - Instructions to Bidders


A. General
1. Scope of Bid In connection with the Specific Procurement Notice – Request
for Bids (RFB), specified in the Bid Data Sheet (BDS), the
Employer, as specified in the BDS, issues this Bidding
document for the provision of Works as specified in Section
VII, Works’ Requirements. The name, identification, and
number of lots (contracts) of this RFB are specified in the BDS.

Throughout this bidding document:


the term “in writing” means communicated in written form
(e.g. by mail, e-mail, fax, including, if specified in the BDS,
distributed or received through electronic-procurement
system used by the Employer) with proof of receipt;
if the context so requires, “singular” means “plural’ and vice
versa;
“Day” means calendar day, unless otherwise specified as a
“Business Day.” A “Business Day” is any day that is a
working day of the Borrower. It excludes the Borrower’s
official public holidays;
“ES” means environmental and social (including Sexual
Exploitation and Abuse (SEA), and Sexual Harassment
(SH));
“Sexual Exploitation and Abuse” “(SEA)” means the
following:
Sexual Exploitation is defined as any actual or attempted
abuse of position of vulnerability, differential power or
trust, for sexual purposes, including, but not limited to,
profiting monetarily, socially or politically from the
sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened physical
intrusion of a sexual nature, whether by force or under
unequal or coercive conditions;
“Sexual Harassment” “(SH)” is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature by the Contractor’s
Personnel with other Contractor’s or Employer’s Personnel;
“Contractor’s Personnel” is as defined in Sub-Clause 1.1.17
of the General Conditions; and
Section I – Instructions to Bidders (ITB) 7

“Employer’s Personnel” is as defined in Sub-Clause 1.1.33 of


the General Conditions.
A non-exhaustive list of (i) behaviors which constitute SEA and
(ii) behaviors which constitute SH is attached to the Code of
Conduct form in Section IV.

2. Source of Funds The Borrower or Recipient (hereinafter called “Borrower”)


specified in the BDS has received or has applied for financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International
Development Association (hereinafter called “the Bank”) in an
amount specified in the BDS, toward the project named in the
BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding
document is issued.

Payment by the Bank will be made only at the request of the


Borrower and upon approval by the Bank, and will be subject,
in all respects, to the terms and conditions of the Loan (or other
financing) Agreement. The Loan (or other financing)
Agreement prohibits a withdrawal from the loan account for the
purpose of any payment to persons or entities, or for any import
of goods, equipment, plant, or materials, if such payment or
import is prohibited by a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations. No party other than the Borrower shall derive
any rights from the Loan (or other financing) Agreement or
have any claim to the proceeds of the Loan (or other financing).

3. Fraud and The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies and
procedures as set forth in the WBG’s Sanctions Framework, as
set forth in Section VI.
In further pursuance of this policy, Bidders shall permit and
shall cause their agents (where declared or not), subcontractors,
subconsultants, service providers, suppliers, and personnel, to
permit the World Bank and the European Investment Bank to
inspect all accounts, records and other documents relating to
any initial selection process, prequalification process, bid
submission, proposal submission, and contract performance (in
the case of award), and to have them audited by auditors
appointed by the Bank.

4. Eligible Bidders A Bidder may be a firm that is a private entity, a state-owned


enterprise or institution subject to ITB 4.6 or any combination
of such entities in the form of a joint venture (JV) under an
Section I – Instructions to Bidders (ITB) 8

existing agreement or with the intent to enter into such an


agreement supported by a letter of intent. In the case of a joint
venture, all members shall be jointly and severally liable for the
execution of the entire Contract in accordance with the Contract
terms. The JV shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of any
and all the members of the JV during the Bidding process and,
in the event the JV is awarded the Contract, during contract
execution. Unless specified in the BDS, there is no limit on the
number of members in a JV.

A Bidder shall not have a conflict of interest. Any Bidder found


to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest for the purpose of
this Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through
common third parties, that puts it in a position to
influence the Bid of another Bidder, or influence the
decisions of the Employer regarding this Bidding
process; or
(e) or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the
works that are the subject of the Bid; or
(f) or any of its affiliates has been hired (or is proposed to be
hired) by the Employer or Borrower as Engineer for the
Contract implementation; or
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
project specified in the BDS ITB 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm; or
(h) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the
loan) who: (i) are directly or indirectly involved in the
preparation of the Bidding document or specifications of
Section I – Instructions to Bidders (ITB) 9

the Contract, and/or the Bid evaluation process of such


Contract; or (ii) would be involved in the implementation
or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a
manner acceptable to the Bank throughout the Bidding
process and execution of the Contract.

A firm that is a Bidder (either individually or as a JV member)


shall not participate in more than one Bid, except for permitted
alternative Bids. This includes participation as a subcontractor
in other Bids. Such participation shall result in the
disqualification of all Bids in which the firm is involved. A firm
that is not a Bidder or a JV member may participate as a
subcontractor in more than one Bid.
A Bidder may have the nationality of any country, subject to
the restrictions pursuant to ITB 4.8. A Bidder shall be deemed
to have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with
the provisions of the laws of that country, as evidenced by its
articles of incorporation (or equivalent documents of
constitution or association) and its registration documents, as
the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or
subconsultants for any part of the Contract including related
Services.

A Bidder that has been sanctioned by the Bank, pursuant to the


Bank’s Anti-Corruption Guidelines, and in accordance with its
prevailing sanctions policies and procedures as set forth in the
World Bank Group’s Sanctions Framework, as described in
Section VI paragraph 2.2 d. shall be ineligible to be prequalified
for, initially selected for, bid for, propose for, or be awarded a
Bank-financed contract or benefit from a Bank-financed
contract, financially or otherwise, during such period of time as
the Bank shall have determined. The list of debarred firms and
individuals is available at the electronic address specified in the
BDS.

Bidders that are state-owned enterprises or institutions in the


Employer’s Country may be eligible to compete and be
awarded a Contract(s) only if they can establish, in a manner
acceptable to the Bank, that they (i) are legally and financially
autonomous (ii) operate under commercial law, and (iii) are not
under supervision of the Employer.
Section I – Instructions to Bidders (ITB) 10

A Bidder shall not be under suspension from bidding by the


Employer as the result of the operation of a Bid–Securing or
Proposal-Securing Declaration.
Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of goods
or the contracting of works or services required; or (b) by an act
of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s country prohibits any import of goods
or contracting of works or services from that country, or any
payments to any country, person, or entity in that country.
When the Works are implemented across jurisdictional
boundaries (and more than one country is a Borrower, and is
involved in the procurement), then exclusion of a firm or
individual on the basis of ITB 4.8 (a) above by any country may
be applied to that procurement across other countries involved,
if the Bank and the Borrowers involved in the procurement
agree.
A Bidder shall provide such documentary evidence of
eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
A firm that is under a sanction of debarment by the Borrower
from being awarded a contract is eligible to participate in this
procurement, unless the Bank, at the Borrower’s request, is
satisfied that the debarment; (a) relates to fraud or corruption,
and (b) followed a judicial or administrative proceeding that
afforded the firm adequate due process.

5. Eligible Materials, The materials, equipment and services to be supplied under the
Equipment, and Contract and financed by the Bank may have their origin in any
Services country subject to the restrictions specified in Section V,
Eligible Countries, and all expenditures under the Contract will
not contravene such restrictions. At the Employer’s request,
Bidders may be required to provide evidence of the origin of
materials, equipment and services.

B. Contents of Bidding Document


6. Sections of Bidding The Bidding document consists of Parts 1, 2, and 3, which
Document includes all the sections specified below, and which should be
read in conjunction with any Addenda issued in accordance
with ITB 8.
Section I – Instructions to Bidders (ITB) 11

PART 1 Bidding Procedures


• Section I - Instructions to Bidders (ITB)
• Section II - Bid Data Sheet (BDS)
• Section III - Evaluation and Qualification Criteria
• Section IV - Bidding Forms
• Section V - Eligible Countries
• Section VI - Fraud and Corruption
PART 2 Works Requirements
• Section VII - Works’ Requirements
PART 3 Conditions of Contract and Contract Forms
• Section VIII - General Conditions (GC)
• Section IX - Particular Conditions (PC)
• Section X - Contract Forms

The Specific Procurement Notice - Request for Bids (RFB)


issued by the Employer is not part of the Bidding document.

Unless obtained directly from the Employer, the Employer is


not responsible for the completeness of the Bidding document,
responses to requests for clarification, the minutes of the pre-
Bid meeting (if any), or Addenda to the Bidding document in
accordance with ITB 8. In case of any contradiction, documents
obtained directly from the Employer shall prevail.

The Bidder is expected to examine all instructions, forms,


terms, and specifications in the Bidding document and to
furnish with its Bid all information and documentation as is
required by the Bidding document.

7. Clarification of A Bidder requiring any clarification of the Bidding document


Bidding Document, shall contact the Employer in writing at the Employer’s address
Site Visit, Pre-Bid specified in the BDS or raise its enquiries during the pre-Bid
Meeting meeting if provided for in accordance with ITB 7.4. The
Employer will respond in writing to any request for
clarification, provided that such request is received no later than
fourteen (14) days prior to the deadline for submission of Bids.
The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding document in
accordance with ITB 6.3, including a description of the inquiry
but without identifying its source. If so specified in the BDS,
the Employer shall also promptly publish its response at the
Section I – Instructions to Bidders (ITB) 12

web page identified in the BDS. Should the clarification result


in changes to the essential elements of the Bidding document,
the Employer shall amend the Bidding document following the
procedure under ITB 8 and ITB 22.2.

The Bidder is advised to visit and examine the Site of Works


and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the Bid and entering into a contract for construction
of the Works. The costs of visiting the Site shall be at the
Bidder’s own expense.

The Bidder and any of its personnel or agents will be granted


permission by the Employer to enter upon its premises and
lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will release
and indemnify the Employer and its personnel and agents from
and against all liability in respect thereof, and will be
responsible for death or personal injury, loss of or damage to
property, and any other loss, damage, costs, and expenses
incurred as a result of the inspection.

If so specified in the BDS, the Bidder’s designated


representative is invited to attend a pre-Bid meeting and/or a
Site of Works visit. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may
be raised at that stage.

The Bidder is requested to submit any questions in writing, to


reach the Employer not later than one week before the meeting.

Minutes of the pre-Bid meeting, if applicable, including the text


of the questions asked by Bidders, without identifying the
source, and the responses given, together with any responses
prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding document in
accordance with ITB 6.3. If so specified in the BDS, the
Employer shall also promptly publish the Minutes of the pre-
Bid meeting at the web page identified in the BDS. Any
modification to the Bidding document that may become
necessary as a result of the pre-Bid meeting shall be made by
the Employer exclusively through the issue of an Addendum
pursuant to ITB 8 and not through the minutes of the pre-Bid
meeting. Nonattendance at the pre-Bid meeting will not be a
cause for disqualification of a Bidder.
Section I – Instructions to Bidders (ITB) 13

8. Amendment of At any time prior to the deadline for submission of Bids, the
Bidding Document Employer may amend the Bidding document by issuing
addenda.

Any addendum issued shall be part of the Bidding document


and shall be communicated in writing to all who have obtained
the Bidding document from the Employer in accordance with
ITB 6.3. The Employer shall also promptly publish the
addendum on the Employer’s web page in accordance with ITB
7.1.

To give Bidders reasonable time in which to take an addendum


into account in preparing their Bids, the Employer should
extend the deadline for the submission of Bids, pursuant to ITB
22.2.

C. Preparation of Bids
9. Cost of Bidding The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall not be
responsible or liable for those costs, regardless of the conduct
or outcome of the Bidding process.

10. Language of Bid The Bid, as well as all correspondence and documents relating
to the Bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be
in another language provided they are accompanied by an
accurate translation of the relevant passages in the language
specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.

11. Documents The Bid shall comprise the following:


Comprising the Bid (a) Letter of Bid prepared in accordance with ITB 12;
(b) Schedules including priced Bill of Quantities, completed
in accordance with ITB 12 and ITB 14 (see more in the
BDS)
(c) Bid Security or Bid-Securing Declaration, in accordance
with ITB 19.1;
(d) Alternative Bid, if permissible, in accordance with ITB
13;
(e) Authorization: written confirmation authorizing the
signatory of the Bid to commit the Bidder, in accordance
with ITB 20.3;
Section I – Instructions to Bidders (ITB) 14

(f) Qualifications: documentary evidence in accordance with


ITB 17 establishing the Bidder’s qualifications to
perform the Contract if its Bid is accepted (see more in
the BDS);
(g) Conformity: a technical proposal in accordance with ITB
16;
(h) any other document required in the BDS.
In addition to the requirements under ITB 11.1, Bids submitted
by a JV shall include a copy of the Joint Venture Agreement
entered into by all members. Alternatively, a letter of intent to
execute a Joint Venture Agreement in the event of a successful
Bid shall be signed by all members and submitted with the Bid,
together with a copy of the proposed Agreement.
The Bidder shall furnish in the Letter of Bid information on
commissions and gratuities, if any, paid or to be paid to agents
or any other party relating to this Bid.
The Bidder shall furnish in the Letter of Bid the names of three
potential DAAB members and attach their curriculum vitae.
The list of potential DAAB members proposed by the
Employer (Contract Data 21.1) and by the Bidder (Letter of
Bid) shall be subject to Bank’s No-objection.

12. Letter of Bid and The Letter of Bid and Schedules, including the Bill of
Schedules Quantities, shall be prepared using the relevant forms furnished
in Section IV, Bidding Forms. The forms must be completed
without any alterations to the text, and no substitutes shall be
accepted except as provided under ITB 20.3. All blank spaces
shall be filled in with the information requested.

13. Alternative Bids Unless otherwise specified in the BDS, alternative Bids shall
not be considered.

When alternative times for completion are explicitly invited, a


statement to that effect will be included in the BDS, and the
method of evaluating different alternative times for completion
will be described in Section III, Evaluation and Qualification
Criteria.

Except as provided under ITB 13.4 below, Bidders wishing to


offer technical alternatives to the requirements of the Bidding
document must first price the Employer’s design as described
in the Bidding document and shall further provide all
information necessary for a complete evaluation of the
alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices, and
Section I – Instructions to Bidders (ITB) 15

proposed construction methodology and other relevant details.


Only the technical alternatives, if any, of the Bidder with the
Most Advantageous Bid conforming to the basic technical
requirements shall be considered by the Employer.

When specified in the BDS, Bidders are permitted to submit


alternative technical solutions for specified parts of the Works,
and such parts will be identified in the BDS, as will the method
for their evaluating, and described in Section VII, Works’
Requirements.

14. Bid Prices and The prices and discounts (including any price reduction) quoted
Discounts by the Bidder in the Letter of Bid and in the Bill of Quantities
shall conform to the requirements specified below.
The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against which
no rate or price is entered by the Bidder shall be deemed
covered by the rates for other items in the Bill of Quantities and
will not be paid for separately by the Employer. An item not
listed in the priced Bill of Quantities shall be assumed to be not
included in the Bid, and provided that the Bid is determined
substantially responsive notwithstanding this omission, the
average price of the item quoted by substantially responsive
Bidders will be added to the Bid price and the equivalent total
cost of the Bid so determined will be used for price comparison.

The price to be quoted in the Letter of Bid, in accordance with


ITB 12.1, shall be the total price of the Bid, excluding any
discounts offered.

The Bidder shall quote any discounts and the methodology for
their application in the Letter of Bid, in accordance with ITB
12.1.

Unless otherwise specified in the BDS and the Conditions of


Contract, the rates and prices quoted by the Bidder are subject
to adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of Contract.
In such a case, the Bidder shall furnish the indices and
weightings for the price adjustment formulae in the Table of
Adjustment Data and the Employer may require the Bidder to
justify its proposed indices and weightings.

If, so specified in ITB 1.1, Bids are being invited for individual
lots (contracts) or for any combination of lots (packages).
Bidders wishing to offer discounts for the award of more than
one Contract shall specify in their Bid the price reductions
Section I – Instructions to Bidders (ITB) 16

applicable to each package, or alternatively, to individual


Contracts within the package. Discounts shall be submitted in
accordance with ITB 14.4, provided the Bids for all lots
(contracts) are opened at the same time. If, however, rated
criteria are used in accordance with ITB 35.2, discounts on
condition of award of more than one contract will not be
used for Bid evaluation purpose.

All duties, taxes, and other levies payable by the Contractor


under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of Bids, shall be included
in the rates and prices and the total Bid Price submitted by the
Bidder.

15. Currencies of Bid The currency (ies) of the Bid and the currency (ies) of payments
and Payment shall be the same and shall be as specified in the BDS.
Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in
the unit rates and prices and shown in the Table of Adjustment
Data in the Appendix to Bid are reasonable, in which case a
detailed breakdown of the foreign currency requirements shall
be provided by Bidders.

16. Documents The Bidder shall furnish a technical proposal including a


Comprising the statement of work methods, equipment, personnel, schedule
Technical Proposal and any other information as stipulated in Section IV, Bidding
Forms, in sufficient detail to demonstrate the adequacy of the
Bidder’s proposal to meet the work’s requirements and the
completion time.

17. Documents To establish Bidder’s eligibility in accordance with ITB 4,


Establishing the Bidders shall complete the Letter of Bid, included in Section
Eligibility and IV, Bidding Forms.
Qualifications of the In accordance with Section III, Evaluation and Qualification
Bidder Criteria, to establish its qualifications to perform the Contract
the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV,
Bidding Forms.

If a margin of preference applies as specified in accordance


with ITB 33.1, domestic Bidders, individually or in joint
ventures, applying for eligibility for domestic preference shall
supply all information required to satisfy the criteria for
eligibility specified in accordance with ITB 33.1.
Section I – Instructions to Bidders (ITB) 17

18. Period of Validity of Bids shall remain valid until the date specified in the BDS or
Bids any extended date if amended by the Employer in accordance
with ITB 8. A Bid that is not valid until the date specified in
the BDS, or any extended date if amended by the Employer in
accordance with ITB 8, shall be rejected by the Employer as
nonresponsive.

In exceptional circumstances, prior to the date of expiration of


the Bid validity, the Employer may request Bidders to extend
the period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be extended
for twenty-eight (28) days beyond the extended date for bid
validity. A Bidder may refuse the request without forfeiting its
Bid security. A Bidder granting the request shall not be required
or permitted to modify its Bid, except as provided in ITB 18.3.

If the award is delayed by a period exceeding fifty-six (56) days


beyond the date of expiry of the Bid validity specified in
accordance with ITB 18.1, the Contract price shall be
determined as follows:
(a) in the case of fixed price contracts, the Contract price
shall be the Bid price adjusted by the factor specified in
the BDS;
(b) in the case of adjustable price contracts, no adjustment
shall be made; or
(c) in any case, Bid evaluation shall be based on the Bid price
without taking into consideration the applicable
correction from those indicated above.

19. Bid Security The Bidder shall furnish as part of its Bid, either a Bid-Securing
Declaration or a Bid Security as specified in the BDS, in
original form and, in the case of a Bid Security, in the amount
and currency specified in the BDS.

A Bid-Securing Declaration shall use the form included in


Section IV, Bidding Forms.

If a Bid Security is specified pursuant to ITB 19.1, the Bid


Security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or non-bank
financial institution (such as an insurance, bonding or
surety company);
Section I – Instructions to Bidders (ITB) 18

(b) an irrevocable letter of credit;


(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
from a reputable source from an eligible country. If an
unconditional guarantee is issued by a non-bank financial
institution located outside the Employer’s Country, the issuing
non-bank financial institution shall have a correspondent
financial institution located in the Employer’s Country to make
it enforceable unless the Employer has agreed in writing, prior
to Bid submission, that a correspondent financial institution is
not required. In the case of a bank guarantee, the Bid Security
shall be submitted either using the Bid Security Form included
in Section IV, Bidding Forms, or in another substantially
similar format approved by the Employer prior to Bid
submission. The Bid Security shall be valid for twenty-eight
(28) days beyond the original date of expiry of the Bid validity,
or beyond any extended date if requested under ITB 18.2.

If a Bid Security or Bid-Securing Declaration is specified


pursuant to ITB 19.1, any Bid not accompanied by a
substantially responsive Bid Security or Bid-Securing
Declaration shall be rejected by the Employer as non-
responsive.

If a Bid Security is specified pursuant to ITB 19.1, the Bid


Security of unsuccessful Bidders shall be returned as promptly
as possible upon the successful Bidder’s signing the Contract
and furnishing the Performance Security and if required in the
BDS, the Environmental and Social (ES) Performance Security
pursuant to ITB 48.

The Bid Security of the successful Bidder shall be returned as


promptly as possible once the successful Bidder has signed the
Contract and furnished the required Performance Security, and
if required in the BDS, the Environmental and Social (ES)
Performance Security.

The Bid Security may be forfeited:


(a) if a Bidder withdraws its Bid prior to the expiry date of
the Bid validity specified by the Bidder on the Letter of
Bid, or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
Section I – Instructions to Bidders (ITB) 19

(i) sign the Contract in accordance with ITB 47; or


(ii) furnish a Performance Security and if required in the
BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 48.

The Bid Security or the Bid-Securing Declaration of a JV shall


be in the name of the JV that submits the Bid. If the JV has not
been legally constituted into a legally enforceable JV at the time
of Bidding, the Bid Security or the Bid-Securing Declaration
shall be in the names of all future members as named in the
letter of intent referred to in ITB 4.1 and ITB 11.2.
If a Bid Security is not required in the BDS, pursuant to ITB
19.1, and:
(a) if a Bidder withdraws its Bid prior to the expiry date of the
Bid validity specified by the Bidder on the Letter of Bid or
any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 47; or
(ii) furnish a Performance Security and, if required in the
BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 48,
the Borrower may, if provided for in the BDS, declare the
Bidder ineligible to be awarded a contract by the Employer for
a period of time stated in the BDS.

20. Format and Signing The Bidder shall prepare one original of the documents
of Bid comprising the Bid as described in ITB 11 and clearly mark it
“ORIGINAL.” Alternative Bids, if permitted in accordance with
ITB 13, shall be clearly marked “ALTERNATIVE.” In addition,
the Bidder shall submit copies of the Bid, in the number
specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies,
the original shall prevail.

Bidders shall mark as “CONFIDENTIAL” all information in


their Bids which is confidential to their business. This may
include proprietary information, trade secrets, or commercial or
financially sensitive information.

The original and all copies of the Bid shall be typed or written
in indelible ink and shall be signed by a person duly authorized
to sign on behalf of the Bidder. This authorization shall consist
of a written confirmation as specified in the BDS and shall be
attached to the Bid. The name and position held by each person
Section I – Instructions to Bidders (ITB) 20

signing the authorization must be typed or printed below the


signature. All pages of the Bid where entries or amendments
have been made shall be signed or initialed by the person
signing the Bid.

In case the Bidder is a JV, the Bid shall be signed by an


authorized representative of the JV on behalf of the JV, and so
as to be legally binding on all the members as evidenced by a
power of attorney signed by their legally authorized
representatives.

Any inter-lineation, erasures, or overwriting shall be valid only


if they are signed or initialed by the person signing the Bid.

D. Submission and Opening of Bids


21. Sealing and The Bidder shall deliver the Bid in a single, sealed envelope
Marking of Bids (one-envelope Bidding process). Within the single envelope the
Bidder shall place the following separate, sealed envelopes:
(a) in an envelope marked “ORIGINAL”, all documents
comprising the Bid, as described in ITB 11; and
(b) in an envelope marked “COPIES”, all required copies of
the Bid; and
(c) if alternative Bids are permitted in accordance with ITB
13, and if relevant:
(i) in an envelope marked “ORIGINAL –ALTERNATIVE
BID”, the alternative Bid; and
(ii) in the envelope marked “COPIES- ALTERNATIVE
BID”, all required copies of the alternative Bid.

The inner and outer envelopes shall:


(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB
22.1;
(c) bear the specific identification of this Bidding process
specified in accordance with BDS 1.1; and
(d) bear a warning not to open before the time and date for
Bid opening.

If all envelopes are not sealed and marked as required, the


Employer will assume no responsibility for the misplacement
or premature opening of the Bid.
Section I – Instructions to Bidders (ITB) 21

22. Deadline for Bids must be received by the Employer at the address and no
Submission of Bids later than the date and time specified in the BDS. When so
specified in the BDS, Bidders shall have the option of
submitting their Bids electronically. Bidders submitting Bids
electronically shall follow the electronic Bid submission
procedures specified in the BDS.

The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.

23. Late Bids The Employer shall not consider any Bid that arrives after the
deadline for submission of Bids, in accordance with ITB 22.
Any Bid received by the Employer after the deadline for
submission of Bids shall be declared late, rejected, and returned
unopened to the Bidder.

24. Withdrawal, A Bidder may withdraw, substitute, or modify its Bid after it
Substitution, and has been submitted by sending a written notice, duly signed by
Modification of Bids an authorized representative, and shall include a copy of the
authorization in accordance with ITB 20.3, (except that
withdrawal notices do not require copies). The corresponding
substitution or modification of the Bid must accompany the
respective written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20 and
ITB 21 (except that withdrawals notices do not require
copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed
for submission of Bids, in accordance with ITB 22.

Bids requested to be withdrawn in accordance with ITB 24.1


shall be returned unopened to the Bidders.

No Bid may be withdrawn, substituted, or modified in the


interval between the deadline for submission of Bids and the
date of expiry of Bid validity specified by the Bidder on the
Letter of Bid or any extended date thereof.

25. Bid Opening Except in the cases specified in ITB 23 and ITB 24.2, the
Employer shall publicly open and read out in accordance with
this ITB all Bids received by the deadline, at the date, time and
place specified in the BDS, in the presence of Bidders`
Section I – Instructions to Bidders (ITB) 22

designated representatives and anyone who chooses to attend.


Any specific electronic Bid opening procedures required if
electronic Bidding is permitted in accordance with ITB 22.1,
shall be as specified in the BDS.

First, envelopes marked “WITHDRAWAL” shall be opened and


read out and the envelope with the corresponding Bid shall not
be opened but returned to the Bidder. No Bid withdrawal shall
be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and is
read out at Bid opening.
Next, envelopes marked “SUBSTITUTION” shall be opened and
read out and exchanged with the corresponding Bid being
substituted, and the substituted Bid shall not be opened, but
returned to the Bidder. No Bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at Bid
opening.
Next, envelopes marked “MODIFICATION” shall be opened and
read out with the corresponding Bid. No Bid modification shall
be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is
read out at Bid opening.

Next, all remaining envelopes shall be opened one at a time,


reading out: the name of the Bidder and whether there is a
modification; the total Bid Price, per lot (contract) if applicable,
including any discounts and alternative Bids; the presence or
absence of a Bid Security or Bid-Securing Declaration, if
required; and any other details as the Employer may consider
appropriate.
Only Bids, alternative Bids and discounts that are opened and
read out at Bid opening shall be considered further for
evaluation. The Letter of Bid and the Bill of Quantities are to
be initialed by representatives of the Employer attending Bid
opening in the manner specified in the BDS.

The Employer shall neither discuss the merits of any Bid nor
reject any Bid (except for late Bids, in accordance with ITB
23.1).
The Employer shall prepare a record of the Bid opening that
shall include, as a minimum:
(a) the name of the Bidder and whether there is a
withdrawal, substitution, or modification;
Section I – Instructions to Bidders (ITB) 23

(b) the Bid Price, per lot (contract) if applicable, including


any discounts;
(c) any alternative Bids;
(d) the presence or absence of a Bid Security, if one was
required.
The Bidders’ representatives who are present shall be
requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed to
all Bidders.

E. Evaluation and Comparison of Bids


26. Confidentiality Information relating to the evaluation of Bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with the
Bidding process until information on Intention to Award the
Contract is transmitted to all Bidders in accordance with ITB
43.

Any effort by a Bidder to influence the Employer in the


evaluation of the Bids or Contract award decisions may result
in the rejection of its Bid.

Notwithstanding ITB 26.2, from the time of Bid opening to the


time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the Bidding process, it shall
do so in writing.

27. Clarification of Bids To assist in the examination, evaluation, and comparison of the
Bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid, given a
reasonable time for a response. Any clarification submitted by
a Bidder that is not in response to a request by the Employer
shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change,
including any voluntary increase or decrease, in the prices or
substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered
by the Employer in the evaluation of the Bids, in accordance
with ITB 31.

If a Bidder does not provide clarifications of its Bid by the date


and time set in the Employer’s request for clarification, its Bid
may be rejected.
Section I – Instructions to Bidders (ITB) 24

28. Deviations, During the evaluation of Bids, the following definitions apply:
Reservations, and (a) “Deviation” is a departure from the requirements
Omissions specified in the Bidding document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
document.

29. Determination of The Employer’s determination of a Bid’s responsiveness is to


Responsiveness be based on the contents of the Bid itself, as defined in ITB 11.

A substantially responsive Bid is one that meets the


requirements of the Bidding document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or


performance of the Works specified in the
Contract; or

(ii) limit in any substantial way, inconsistent with the


Bidding document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or

(b) if rectified, would unfairly affect the competitive position


of other Bidders presenting substantially responsive Bids.

The Employer shall examine the technical aspects of the Bid


submitted in accordance with ITB 16, in particular, to confirm
that all requirements of Section VII, Works’ Requirements
have been met without any material deviation, reservation or
omission.

If a Bid is not substantially responsive to the requirements of


the Bidding document, it shall be rejected by the Employer and
may not subsequently be made responsive by correction of the
material deviation, reservation, or omission.

30. Nonmaterial Provided that a Bid is substantially responsive, the Employer


Nonconformities may waive any nonconformities in the Bid.
Section I – Instructions to Bidders (ITB) 25

Provided that a Bid is substantially responsive, the Employer


may request that the Bidder submit the necessary information
or documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to
any aspect of the price of the Bid. Failure of the Bidder to
comply with the request may result in the rejection of its Bid.

Provided that a Bid is substantially responsive, the Employer


shall rectify quantifiable nonmaterial nonconformities related
to the Bid Price. To this effect, the Bid Price shall be adjusted,
for comparison purposes only to reflect the price of a missing
or non-conforming item or component, by adding the average
price of the item or component quoted by substantially
responsive Bidders. If the price of the item or component
cannot be derived from the price of other substantially
responsive Bids, the Employer shall use its best estimate.

31. Correction of Provided that the Bid is substantially responsive, the Employer
Arithmetical Errors shall correct arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail, and the total
price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the addition
or subtraction of subtotals, the subtotals shall prevail and
the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.

Bidders shall be requested to accept correction of arithmetical


errors. Failure to accept the correction in accordance with ITB
31.1, shall result in the rejection of the Bid.

32. Conversion to Single For evaluation and comparison purposes, the currency(ies) of
Currency the Bid shall be converted into a single currency as specified in
the BDS.
Section I – Instructions to Bidders (ITB) 26

33. Margin of Unless otherwise specified in the BDS, a margin of preference


Preference for domestic Bidders1 shall not apply.

34. Subcontractors Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer.

Bidders may propose subcontracting up to the percentage of


total value of contracts or the volume of works as specified in
the BDS. Subcontractors proposed by the Bidder shall be fully
qualified for their parts of the Works.

The subcontractor’s qualifications shall not be used by the


Bidder to qualify for the Works unless their specialized parts of
the Works were previously designated by the Employer in the
BDS as can be met by subcontractors referred to hereafter as
‘Specialized Subcontractors’, in which case, the qualifications
of the Specialized Subcontractors proposed by the Bidder may
be added to the qualifications of the Bidder.

35. Evaluation of Bids Technical Evaluation


The Employer shall evaluate the Bids using the criteria and
methodologies listed in Section III, Evaluation and
Qualification Criteria.
If specified in the BDS, the Employer’s evaluation will be
carried out by applying rated criteria that take into account
technical factors, in addition to cost factors. An Evaluated Bid
Score will be calculated for each responsive Bid using the
formula, specified in Section III, Evaluation and Qualification
Criteria. The scores to be given to technical factors and sub
factors are specified in the BDS. The weight to be assigned for
the Technical factors and cost is specified in the BDS.

Financial Evaluation
To evaluate a Bid, the Employer shall consider the following:

(a) the Bid price, excluding Provisional Sums and the


provision, if any, for contingencies in the Summary Bill

1
An individual firm is considered a domestic Bidder for purposes of the margin of preference if it is registered in the country
of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not subcontract
more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are considered as domestic
Bidders and eligible for domestic preference only if the individual member firms are registered in the country of the Employer
or have more than 50 percent ownership by nationals of the country of the Employer, and the JV shall be registered in the
country of the Borrower. The JV shall not subcontract more than 10 percent of the contract price, excluding provisional sums,
to foreign firms. JVs between foreign and national firms will not be eligible for domestic preference.
Section I – Instructions to Bidders (ITB) 27

of Quantities, but including Daywork items, where


priced competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 31.1;
(c) price adjustment due to discounts offered in accordance
with ITB 14.4;
(d) converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance
with ITB 32;
(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 30.3; and
(f) the additional evaluation factors specified in the BDS
and Section III, Evaluation and Qualification Criteria.

The estimated effect of the price adjustment provisions of the


Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in Bid evaluation.

If this Bidding document allows Bidders to quote separate


prices for different lots (contracts), the methodology to
determine the lowest evaluated cost of the lot (contract)
combinations, including any discounts offered in the Letter of
Bid, is specified in Section III, Evaluation and Qualification
Criteria. If, however, rated criteria is used in accordance with
ITB 35.2, discounts on condition of award of more than one
contract will not be used for Bid evaluation purpose.

36. Comparison of Bids The Employer shall compare the evaluated costs of all
substantially responsive Bids established in accordance with
ITB 35.1 to determine the Bid that has the lowest evaluated
cost.
If ITB 35.2 is applicable, the Employer will determine the Bid
with the highest combined technical and financial score in
accordance with BDS 35.2.

37. Abnormally Low An Abnormally Low Bid is one where the Bid price, in
Bids combination with other elements of the Bid, appears so low that
it raises material concerns as to the capability of the Bidder in
regard to the Bidder’s ability to perform the Contract for the
offered Bid Price.
In the event of identification of a potentially Abnormally Low
Bid, the Employer shall seek written clarifications from the
Bidder, including detailed price analyses of its Bid price in
relation to the subject matter of the contract, scope, proposed
Section I – Instructions to Bidders (ITB) 28

methodology, schedule, allocation of risks and responsibilities


and any other requirements of the Bidding document.
After evaluation of the price analyses, in the event that the
Employer determines that the Bidder has failed to demonstrate
its capability to perform the Contract for the offered Bid Price,
the Employer shall reject the Bid.

38. Unbalanced or If the Bid that is evaluated as the lowest evaluated cost is, in the
Front Loaded Bids Employer’s opinion, seriously unbalanced or front loaded, the
Employer may require the Bidder to provide written
clarifications. Clarifications may include detailed price
analyses to demonstrate the consistency of the Bid prices with
the scope of works, proposed methodology, schedule and any
other requirements of the Bidding document.
After the evaluation of the information and detailed price
analyses presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid; or
(b) require that the total amount of the Performance Security
be increased at the expense of the Bidder to a level not
exceeding 20% of the Contract Price; or
(c) reject the Bid.

39. Qualifications of the The Employer shall determine to its satisfaction whether the
Bidder eligible Bidder that is selected as having submitted the lowest
evaluated cost and substantially responsive Bid, meets the
qualifying criteria specified in Section III, Evaluation and
Qualification Criteria.

The determination shall be based upon an examination of the


documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 17. The determination shall not
take into consideration the qualifications of other firms such as
the Bidder’s subsidiaries, parent entities, affiliates,
subcontractors (other than Specialized Subcontractors if
permitted in the Bidding document), or any other firm(s)
different from the Bidder.

Prior to Contract award, the Employer will verify that the


successful Bidder (including each member of a JV) is not
disqualified by the Bank due to noncompliance with contractual
SEA/SH prevention and response obligations. The Employer
will conduct the same verification for each subcontractor
proposed by the successful Bidder. If any proposed
Section I – Instructions to Bidders (ITB) 29

subcontractor does not meet the requirement, the Employer will


require the Bidder to propose a replacement subcontractor..

An affirmative determination shall be a prerequisite for award


of the Contract to the Bidder. A negative determination shall
result in disqualification of the Bid, in which event the
Employer shall proceed to the Bidder who offers a substantially
responsive Bid with the next lowest evaluated cost to make a
similar determination of that Bidder’s qualifications to perform
satisfactorily.

40. Most Advantageous The Employer shall determine the Most Advantageous Bid.
Bid The Most Advantageous Bid is the Bid of the Bidder that meets
the Qualification Criteria and whose Bid has been determined
to be substantially responsive to the Bidding document and:
(a) when rated criteria are used is the Bid with the highest
combined technical and financial score; or
(b) when rated criteria are not used, is the Bid with the
lowest evaluated cost.
41. Employer’s Right to The Employer reserves the right to accept or reject any Bid and
Accept Any Bid, and to annul the Bidding process and reject all Bids at any time prior
to Reject Any or All to Contract Award, without thereby incurring any liability to
Bids Bidders. In case of annulment, all Bids submitted and
specifically, Bid securities, shall be promptly returned to the
Bidders.

42. Standstill Period The Contract shall not be awarded earlier than the expiry of the
Standstill Period. The Standstill Period shall be ten (10)
Business Days unless extended in accordance with ITB 46. The
Standstill Period commences the day after the date the
Employer has transmitted to each Bidder the Notification of
Intention to Award the Contract. Where only one Bid is
submitted, or if this contract is in response to an emergency
situation recognized by the Bank, the Standstill Period shall not
apply.

43. Notification of The Employer shall send to each Bidder the Notification of
Intention to Award Intention to Award the Contract to the successful Bidder. The
Notification of Intention to Award shall contain, at a minimum,
the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
Section I – Instructions to Bidders (ITB) 30

(c) the names of all Bidders who submitted Bids, and their
Bid prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the unsuccessful
Bidder to whom the notification is addressed) was
unsuccessful, unless the price information in c) above
already reveals the reason;
(e) the expiry date of the Standstill Period; and
(f) instructions on how to request a debriefing and/or submit
a complaint during the standstill period;

F.Award of Contract
44. Award Criteria Subject to ITB 41, the Employer shall award the Contract to the
successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid.

45. Notification of Prior to the date of expiry of the bid validity, and upon expiry
Award of the Standstill Period specified in ITB 42.1 or any extension
thereof, and, upon satisfactorily addressing any complaint that
has been filed within the Standstill Period, the Employer shall
notify the successful Bidder, in writing, that its Bid has been
accepted. The notification of award (hereinafter and in the
Conditions of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Employer will pay
the Contractor in consideration of the execution of the Contract
(hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”).
Within ten (10) Business Days after the date of transmission of
the Letter of Acceptance, the Employer shall publish the
Contract Award Notice which shall contain, at a minimum, the
following information:
(a) name and address of the Employer;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid
prices as read out at Bid opening, and as evaluated;
(d) names of all Bidders whose Bids were rejected either as
nonresponsive or as not meeting qualification criteria,
or were not evaluated, with the reasons therefor;
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary of
its scope; and
Section I – Instructions to Bidders (ITB) 31

(f) successful Bidder’s Beneficial Ownership Disclosure


Form, if specified in BDS ITB 47.1
The Contract Award Notice shall be published on the
Employer’s website with free access if available, or in at least
one newspaper of national circulation in the Employer’s
Country, or in the official gazette. The Employer shall also
publish the contract award notice in UNDB online.
Until a formal Contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract.

46. Debriefing by the On receipt of the Employer’s Notification of Intention to Award


Employer referred to in ITB 43.1, an unsuccessful Bidder has three (3)
Business Days to make a written request to the Employer for a
debriefing. The Employer shall provide a debriefing to all
unsuccessful Bidders whose request is received within this
deadline.
Where a request for debriefing is received within the deadline,
the Employer shall provide a debriefing within five (5)
Business Days, unless the Employer decides, for justifiable
reasons, to provide the debriefing outside this timeframe. In that
case, the standstill period shall automatically be extended until
five (5) Business Days after such debriefing is provided. If
more than one debriefing is so delayed, the standstill period
shall not end earlier than five (5) Business Days after the last
debriefing takes place. The Employer shall promptly inform, by
the quickest means available, all Bidders of the extended
standstill period.
Where a request for debriefing is received by the Employer
later than the three (3) -Business Day deadline, the Employer
should provide the debriefing as soon as practicable, and
normally no later than fifteen (15) Business Days from the date
of publication of Public Notice of Award of contract. Requests
for debriefing received outside the three (3)-day deadline shall
not lead to extension of the standstill period.
Debriefings of unsuccessful Bidders may be done in writing or
verbally. The Bidder shall bear its own costs of attending such
a debriefing meeting.

47. Signing of Contract The Employer shall send to the successful Bidder the Letter of
Acceptance including the Contract Agreement, and, if specified
in the BDS, a request to submit the Beneficial Ownership
Disclosure Form providing additional information on its
beneficial ownership. The Beneficial Ownership Disclosure
Section I – Instructions to Bidders (ITB) 32

Form, if so requested, shall be submitted within eight (8)


Business Days of receiving this request.

The successful Bidder shall sign, date and return to the


Employer, the Contract Agreement within twenty-eight (28)
days of its receipt.

48. Performance Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security and, if required in the BDS,
the Environmental and Social (ES) Performance Security in
accordance with the Conditions of Contract, subject to ITB 38.2
(b), using for that purpose the Performance Security and ES
Performance Security Forms included in Section X, Contract
Forms, or another form acceptable to the Employer. If the
Performance Security furnished by the successful Bidder is in
the form of a bond, it shall be issued by a bonding or insurance
company that has been determined by the successful Bidder to
be acceptable to the Employer. A foreign institution providing
a bond shall have a correspondent financial institution located
in the Employer’s Country, unless the Employer has agreed in
writing that a correspondent financial institution is not required.

Failure of the successful Bidder to submit the above-mentioned


Performance Security and, if required in the BDS, the
Environmental and Social (ES) Performance Security, or sign
the Contract shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid Security. In
that event the Employer may award the Contract to the Bidder
offering the next Most Advantageous Bid.

49. Procurement The procedures for making a Procurement-related Complaint


Related Complaint are as specified in the BDS.
Section II – Bid Data Sheet (BDS) 33

Section II - Bid Data Sheet (BDS)


The following specific data for the Works to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.

A. General
ITB 1.1 The reference number of the Request for Bids (RFB) is GE-Open Net-
430400-CW-RFB
The Employer is: Open Net N(N)LE
The name of the RFB: Fiber Optic (passive) Infrastructure
Deployment: Phase 2 (Mestia).
The number and identification of lots (contracts) comprising this RFB is:
N/A
ITB 1.2 Clause is amended as follow:
“Georgian Electronic - Government Procurement System (Ge-GP)”
– the official portal of State Procurement in Georgia and is operated by
the State Procurement Agency.
ITB 2.1 The Borrower is: Georgia
Loan or Financing Agreement amount: 35,700,000 EUR
The name of the Project is: Log-In Georgia
ITB 4.1 Maximum number of members in the JV shall be: three (3)
ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external
website: http://www.worldbank.org/debarr
ITB 4.8 An “Adapted EIB Covenant of Integrity” shall apply to Bidder
ITB 4.9 An article of incorporation (or equivalent documents of constitution or
association) shall be submitted

B. Contents of Bidding Document


ITB 7.1 For Clarification of Bid purposes only, the Employer’s e-address is:
procurement@opennet.ge
The Employer will send its response through the above e-mail.
ITB 7.4 Online Pre-Bid meetings will take place on June 11, 2024
- at 13:00(local time; Baku, Tbilisi, Yerevan) (in Georgian)
Join Zoom Meeting:
Section II – Bid Data Sheet (BDS) 34

https://us06web.zoom.us/j/85983352405?pwd=8QEcyVbM31zLgbRtZU
X8YkORRZulxJ.1
Meeting ID: 859 8335 2405
Passcode: 101793

- 15:00 (local time; Baku, Tbilisi, Yerevan) (in English)


Join Zoom Meeting:
https://us06web.zoom.us/j/82286822835?pwd=0upx3IaDMe4kk4e87vF
Y5dQb82Z7vm.1
Meeting ID: 822 8682 2835
Passcode: 023488

and June 25, 2024,


- at 13:00(local time; Baku, Tbilisi, Yerevan) (in Georgian)
Join Zoom Meeting
https://us06web.zoom.us/j/87304706696?pwd=se1gUpAgDR3Seelw19
PlWeftDph5lS.1
Meeting ID: 873 0470 6696
Passcode: 628056
- 15:00 (local time; Baku, Tbilisi, Yerevan) (in English)
Join Zoom Meeting:
https://us06web.zoom.us/j/86453841040?pwd=Cr6y8H5rNQA9XBaJJN8
6gVucJj2jrE.1
Meeting ID: 864 5384 1040
Passcode: 153067
ITB 7.6 Web page: www.opennet.ge

C. Preparation of Bids
ITB 10.1 The language of the Bid is: English.
All correspondence exchange shall be in English language.
Language for translation of supporting documents and printed literature is
English.
ITB 11.1 (b) BOQ1 in editable spreadsheet (Microsoft Excel) file is required in addition
to the officially filled, signed and submitted BOQ to facilitate review of
calculations only, and does not replace the BOQ submitted as part of the
bid based on ITB 12.1 & ITB 20.3
ITB 11.1 (f) The forms listed in the column “Documentation” of the table “D.
Qualification” of the Section III - the forms FIN 3.1, 3.2; EXP 4.2 (a), 4.2
(b), 4.2 (c) being particularly important amongst them.

1 The Unite prices in BOQ should be rounded to nearest one hundredth. E.G. $18.8215 should be written as $18.82
Section II – Bid Data Sheet (BDS) 35

(the forms that comprise the Bid are highlighted with yellow throughout
this document)
ITB 11.1 (h) The Bidder shall submit the following additional documents in its Bid:
Signed Covenant of Integrity of the EIB
Code of Conduct for Contractor’s Personnel (ES). The Bidder shall
submit its Code of Conduct that will apply to Contractor’s Personnel (as
defined in Sub-Clause 1.1.17 of the General Conditions of Contract), to
ensure compliance with the Contractor’s Environmental and Social (ES)
obligations under the Contract. The Bidder shall use for this purpose the
Code of Conduct form provided in Section IV. No substantial
modifications shall be made to this form, except that the Bidder may
introduce additional requirements, including as necessary to take into
account specific Contract issues/risks.
ITB 13.1 Alternative Bids shall not be considered
ITB 13.2 Alternative times for completion shall not be permitted.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts
of the Works: N/A

ITB 14.5 The prices quoted by the Bidder shall be: fixed.
ITB 15.1 The currency(ies) of the Bid and the payment currency(ies) shall be in
accordance with Alternative B as described below:
Alternative A (Bidders to quote entirely in local currency): NOT
APPLICABLE
(a) The unit rates and the prices shall be quoted by the Bidder in the Bill
of Quantities, entirely in _________________ and further referred to
as “the local currency”. A Bidder expecting to incur expenditures in
other currencies for inputs to the Works supplied from outside the
Employer’s Country (referred to as “the foreign currency
requirements”) shall indicate in the Appendix to Bid - Table C, the
percentage(s) of the Bid Price (excluding Provisional Sums), needed
by the Bidder for the payment of such foreign currency requirements,
limited to no more than three foreign currencies.
(b) The rates of exchange to be used by the Bidder in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above shall
be specified by the Bidder in the Appendix to Bid - Table C and shall
apply for all payments under the Contract so that no exchange risk will
be borne by the successful Bidder.
Alternative B (Bidders allowed to quote in local and foreign
currencies):
Section II – Bid Data Sheet (BDS) 36

(a) The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply from
within the Employer’s Country, in GEL (Georgian Lari), and
further referred to as “the local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside the Employer’s Country (referred to as “the foreign
currency requirements”), in up to any three foreign currencies.
ITB 18.1 The Bid shall be valid for: 100 days after bid submission date
ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): NOT
APPLICABLE
ITB 19.1 A Bid-Securing Declaration shall be required.
ITB 19.3 (d) Other types of acceptable securities: None
ITB 19.9 If the Bidder performs any of the actions prescribed in ITB 19.9 (a) or (b),
the Borrower will declare the Bidder ineligible to be awarded contracts by
the Employer for a period of one (1) year, starting from the date the Bidder
performs any of the actions specified in ITB 19. 9 (a) or (b).
ITB 20.1 In addition to the original of the Bid, the number of copies is: None
ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: an organizational document, board resolution or its
equivalent, or power of attorney specifying the representative’s authority
to sign the Bid on behalf of, and to legally bind the Bidder. If the Bidder
is intended or an existing Joint Venture, the power of attorney should be
signed by all partners and specify the authority of the named representative
of the Joint Venture to sign on behalf of, and legally bind the intended or
existing Joint Venture. If the Joint Venture has not yet been formed, also
include evidence from all proposed Joint Venture partners of their intent
to enter into a Joint Venture in the event of a contract award

D. Submission and Opening of Bids


ITB 22.1 BIDDERS SHALL SUBMIT THEIR BIDS ONLY
ELECTRONICALLY.
SUBMISSION OF PAPER BASED BID IS NOT ALLOWED.
BID SUBMISSION DEADLINE IS: July 16, 2024
Bidders shall submit their bids electronically through GE-GP System:
https://tenders.procurement.gov.ge/login.php?lang=en
Instruction for registration on the GE-GP System can be found on the
following link:
https://www.youtube.com/watch?v=hQak4jPorj4&feature=youtu.be
Section II – Bid Data Sheet (BDS) 37

Instruction for bidding on the GE-GP System can be found on the


following link:
https://www.youtube.com/watch?v=9O3W8_WiDgg&feature=youtu.be
The respective Manuals can be found on the following link:
http://procurement.gov.ge/ELibrary/Manuals.aspx?lang=en-US (Name of
the manual is Manual for Donor Electronic Procurement Procedure (DEP)
announced in lots (edited))
The Bidders shall give relevant name to the files they upload in the GE-
GP System. For instance: Form EXP - 4.2(b) and its supporting
Documents; Power of Attorney; Audited balance Sheets and etc.
If there is discrepancy between the GE-GP read out price and bid price
mentioned in the uploaded bid document, then the bid price mentioned in
the uploaded bid will prevail. Then the bid price mentioned in the later of
bid in the uploaded bid document will be evaluated as per the provisions
mentioned in the bidding document.
ITB 25.1 The Bid opening shall take place at: as will be informed by GE-GP
ITB 25.1 Bid opening will take place electronically using GE-GP System; The
Minutes of the Bid Opening will be uploaded in the GE-GP System
following the bid opening
(http://procurement.gov.ge/ )
ITB 25.6 NOT APPLICABLE

E. Evaluation, and Comparison of Bids


ITB 32.1 The currency that shall be used for Bid evaluation and comparison
purposes to convert at the selling exchange rate all Bid prices expressed in
various currencies into a single currency is: GEL
The source of exchange rate shall be: National Bank Of Georgia
(nbg.gov.ge)
The date for the exchange rate shall be: Bid submission deadline date
The currency(ies) of the Bid shall be converted into a single currency in
accordance with the procedure under Alternative A that follows:
Alternative A: Bidders quote entirely in local currency: NOT
APPLICABLE
Section II – Bid Data Sheet (BDS) 38

For comparison of Bids, the Bid Price, corrected pursuant to ITB 31, shall
first be broken down into the respective amounts payable in various
currencies by using the selling exchange rates specified by the Bidder in
accordance with ITB 15.1.
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single currency
identified above at the selling rates established for similar transactions by
the authority specified on the date stipulated above.
OR
Alternative B: Bidders quote in local and foreign currencies:
The Employer will convert the amounts in various currencies in which the
Bid Price, corrected pursuant to ITB 31, is payable (excluding Provisional
Sums but including Daywork where priced competitively) to the single
currency identified above at the selling rates established for similar
transactions by the authority specified and, on the date, stipulated above.
ITB 33.1 A margin of domestic preference shall not apply.

ITB 34.1 At this time the Employer does not intend to execute certain specific parts
of the Works by subcontractors selected in advance.
ITB 34.2 Contractor’s proposed subcontracting: Maximum percentage of
subcontracting permitted is: 30 % of the total contract amount.
Bidders planning to subcontract more than 10% of total volume of work shall
specify, in the Letter of Bid, the activity(ies) or parts of the Works to be
subcontracted along with complete details of the subcontractors and their
qualification and experience.

ITB 34.3 NOT APPLICABLE


ITB 35.2 Does not apply
ITB 35.2 NOT APPLICABLE
ITB 35.3 (f) NOT APPLICABLE

F. Award of Contract
ITB 47.1 The successful Bidder shall submit the Beneficial Ownership Disclosure
Form.
ITB 48.1 and NOT APPLICABLE
48.2
ITB 49.1 The procedures for making a Procurement-related Complaint are detailed
in the “Procurement Regulations for IPF Borrowers (Annex III).” If a
Section II – Bid Data Sheet (BDS) 39

Bidder wishes to make a Procurement-related Complaint, the Bidder shall


submit its complaint following these procedures, In Writing (by the
quickest means available, such as by email or fax), to:
For the attention: Mariam Sulaberidze, Ms.
Title/position: Director
Employer: Open Net N(N)LE
Email address: procurement@opennet.ge
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Bidding Documents; and
2. the Employer’s decision to award the contract.
Section III – Evaluation and Qualification Criteria 41

Section III - Evaluation and Qualification


Criteria

This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders.
No other factors, methods or criteria shall be used other than specified in this Bidding document. The
Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.

Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD
equivalent using the rate of exchange determined as follows:

• For construction turnover or financial data required for each year - Exchange rate prevailing
on the last day of the respective calendar year (in which the amounts for that year is to be
converted) was originally established.
• Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in the ITB 32.1. Any
error in determining the exchange rates in the Bid may be corrected by the Employer.
Section III – Evaluation and Qualification Criteria 42

A. Technical and Financial Evaluation


1. Evaluation of Technical Proposal
Assessment of adequacy of Technical Proposal with Requirements
Evaluation of the Bidder's Technical Proposal shall include an assessment of the Bidder's
technical capacity to mobilize key equipment and personnel for the contract consistent with its
proposal regarding work methods, scheduling, and material sourcing in sufficient detail and
fully in accordance with the requirements stipulated in Section VII (Works Requirements).
Non-compliance with equipment and personnel requirements described in Section VII (Works
Requirements) shall not normally be a ground for bid rejection and such non-compliance will
be subject to clarification during bid evaluation and rectification prior to contract award.

1.1 Techinical Proposal Scoring Methology – NOT APPLICABLE


1.2 Sustainable Procurement – NOT APPLICABLE
1.3 Alternative Technical Solutions for specified parts of the Works – NOT
APPLICABLE

2. Financial Evaluation
2.1 Margin of Preference - NOT APPLICABLE
2.2 Criteria for Financial Evaluation - NOT APPLICABLE
3. Combined Evaluation - NOT APPLICABLE
B. Multiple Contracts1
Qualification Criteria for Multiple Contracts:
Section III describes criteria for qualification for each lot (contract) for multiple lots
(contracts). The criteria for qualification are aggregate minimum requirement for respective
lots (contract) as specified under the qualification criteria numbers 3.1, 3.2 and 4.2(a).
However, with the respect to the specific experience under the qualification criterion 4.2 (a)
of Section III, the Employer will select any one or more of the options as identified below:
N is the minimum number of contracts
V is the minimum value of a single contract

Option 3:

1
In case a Bidder has an ongoing Contract with the Employer, the Bid data that was used to meet the qualification
criteria for that ongoing Contract may be referenced for the purpose of this bidding.
Section III – Evaluation and Qualification Criteria 43

(i) Minimum requirements for combined contract(s) shall be the aggregate


requirements for each contract for which the applicant has applied for as follows,
and N1, N2, N3, etc. shall be different contracts:
Lot 1: N1 contracts, each of minimum value V1;
Lot 2: N2 contracts, each of minimum value V2;
Lot 3: N3 contracts, each of minimum value V3;
----etc., or
(ii) Lot 1: N1 contracts, each of minimum value V1; or number of contracts less
than or equal to N1, each of minimum value V1, but with total value of all
contracts equal or more than N1 x V1.
Lot 2: N2 contracts, each of minimum value V2; or number of contracts less than
or equal to N2, each of minimum value V2, but with total value of all contracts
equal or more than N2 x V2.
Lot 3: N3 contracts, each of minimum value V3; or number of contracts less than
or equal to N3, each of minimum value V3, but with total value of all contracts
equal or more than N3 x V3.
----etc., or
(iii) Subject to compliance as per (ii) above with respect to minimum value of
single contract for each lot, total number of contracts is equal or less than N1 +
N2 + N3 +--but the total value of all such contracts is equal or more than N1 x
V1 + N2 x V2 + N3 x V3 +---.
For this bidding process, Bidders may only have maximum two (2) ongoing contracts with
Open Net (for Civil Works).

C. Specialized Subcontractors NOT APPLICABLE


Section III - Evaluation and Qualification Criteria 44

D. Qualification
Eligibility and Qualification Criteria Compliance Requirements Documentation
No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
1. Eligibility
1.1 Nationality Nationality in accordance Must meet Must meet Must meet N/A Forms ELI – 1.1
with ITB 4.4 requirement requirement requirement and 1.2, with
attachments
1.2 Conflict of No conflicts of interest in Must meet Must meet Must meet N/A Letter of Bid
Interest accordance with ITB 4.2 requirement requirement requirement
1.3 Bank Eligibility Not having been declared Must meet Must meet Must meet N/A Letter of Bid
ineligible by the Bank, as requirement requirement requirement
described in ITB 4.5.
1.4 State- owned Meets conditions of ITB 4.6 Must meet Must meet Must meet N/A Forms ELI – 1.1
Enterprise or requirement requirement requirement and 1.2, with
Institution of the attachments
Borrower
country
1.5 United Nations Not having been excluded as Must meet Must meet Must meet N/A Forms ELI – 1.1
resolution or a result of prohibition in the requirement requirement requirement and 1.2, with
Borrower’s Borrower’s country laws or attachments
country law official regulations against
commercial relations with the
Bidder’s country, or by an act
of compliance with UN
Security Council resolution,
both in accordance with ITB
4.8 and Section V.
Section III - Evaluation and Qualification Criteria 45

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
2. Historical Contract Non-Performance
2.1 History of Non- Non-performance of a Must meet Must meet Must meet N/A Form CON-2
Performing contract1 did not occur as a requirement requirements requirement2
Contracts result of contractor default
since 1st January 2020.
2.2 Suspension Based Not under suspension based Must meet Must meet Must meet N/A Letter of Bid
on Execution of on-execution of a requirement requirement requirement
Bid/Proposal Bid/Proposal Securing
Securing Declaration pursuant to ITB
Declaration by 4.7 and ITB 19.9
the Employer
2.3 Pending Bidder’s financial position Must meet N/A Must meet N/A Form CON – 2
Litigation and prospective long-term requirement requirement
profitability still sound
according to criteria
established in 3.1 below and
assuming that all pending
litigation will be resolved
against the Bidder
2.4 Litigation No consistent history of Must meet Must meet Must meet N/A Form CON – 2
History court/arbitral award decisions requirement requirement requirement
against the Bidder3 since 1st
January 2019

1
Nonperformance, shall include (a) any contract where the Contractor had significant non-conformities in regards to the contract requirements or had a significant
(meaning more than 20% of the contractual timeframe) delay accrued, resulting in the delayed execution of works (total time defined for Design and
Construction),(b) any contract terminated due to Contractor failure.
2
This requirement also applies to contracts executed by the Bidder as a JV member.
3 The Bidder shall provide accurate information on the related Bid Form about any litigation or arbitration resulting from contracts completed or ongoing under its

execution over the last five years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.
Section III – Evaluation and Qualification Criteria 46

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
2.5 Declaration: Declare any civil work Each must
Environmental contracts that have been make the
and Social (ES) suspended or terminated Must make the declaration.
past performance and/or performance security declaration. Where there
called by an employer for Where there are are
reasons of breach of Specialized Specialized Form CON-3 ES
environmental, or social Subcontractor/s, N/A Subcontractor/ N/A Performance
(including Sexual the Specialized s, the Declaration
Exploitation, and Abuse) Subcontractor/s Specialized
contractual obligations in the must also make Subcontractor/
past three years.4 the declaration. s must also
make the
declaration.
2.6 Bank’s SEA At the time of Contract Must meet Must meet
and/or SH Award, not subject to requirement requirement
Disqualification disqualification by the Bank (including
(including each Letter of Bid,
for non-compliance with N/A each N/A
subcontractor Form CON-4
SEA/ SH obligations subcontractor
proposed by the proposed by
Bidder) the Bidder)
3. Financial Situation and Performance
3.1 Financial (i) The Bidder shall Must meet Must meet N/A N/A Form FIN – 3.1,
Capabilities demonstrate that it has access requirement requirement with attachments
to, or has available, liquid
assets, unencumbered real
assets, lines of credit, and
other financial means
(independent of any

4
The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
Section III - Evaluation and Qualification Criteria 47

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
contractual advance payment)
sufficient to meet the
construction cash flow
requirements estimated as
USD $ 1,750,000 for the
subject contract(s) net of the
Bidder’s other commitments
(ii) The Bidders shall also
demonstrate, to the
satisfaction of the Employer,
that it has adequate sources of
finance to meet the cash flow Must meet Must meet N/A N/A
requirements on works requirement requirement
currently in progress and for
future contract commitments.
(iii) The audited balance
sheets or, if not required by
the laws of the Bidder’s
country, other financial Must meet N/A Must meet N/A
statements acceptable to the requirement requirement
Employer, for the last (3)
years 2021, 2022, 2023 shall
be submitted and must
demonstrate the current
soundness of the Bidder’s
financial position and indicate
its prospective long-term
profitability.
Section III – Evaluation and Qualification Criteria 48

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
3.2 Average Annual Minimum average annual Must meet Must meet Must meet Must meet 50% Form FIN – 3.2
Construction construction turnover of US$ requirement requirement 20 %, of the of the
Turnover 300,000, calculated as total requirement requirement
certified payments received
for contracts in progress
and/or completed within the
last five (5) years, 2019,
2020, 2021,2022, 2023
divided by five (5) years

4. Experience
4.1 General Experience under Must meet N/A Must meet N/A Form EXP – 4.1
(a) Construction construction contracts in the requirement requirement
Experience role of prime contractor, JV
member, Subcontractor, or
management contractor
between 1st January 2019 and
bid submission deadline
Section III - Evaluation and Qualification Criteria 49

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
4.2 Specific Less than or equal to 5 Must meet Must meet Less than or N/A Form EXP 4.2(a)
(a) Construction & contracts, each of minimum requirement requirement6 equal to 2
Contract value US$ 100,000, but with contracts, each
Management total value of all contracts of minimum
Experience equal or more than value US$
US$500,0005, completed 100,000, but
between 1st January 2019 and with total
bid submission deadline: The value of all
similarity of the contracts contracts
shall be based on the equal or more
following: than
linear construction - a US$200,000,
communication structure, a completed
motor way, a railroad, all between 1st
types of pipelines, a tunnel, January 2019
an aerial ropeway, a power and bid
transmission line, submission
a communication line, a funic deadline.
ular, a dam, or a canal;

5
In case a Bidder is a non-resident company, it shall provide less than or equal to 2 contracts, each of minimum value US$ 100,000, but with total value of all
contracts equal or more than US$ 200,000 fulfilled in country(ies) outside its resident country.
6
In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single
contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In
determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal
or more than the minimum value required shall be aggregated.
Section III – Evaluation and Qualification Criteria 50

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member

4.2 For the above and any other Must meet Must meet N/A N/A Form EXP – 4.2
(b) contracts [substantially requirements requirements (b)
completed and under
implementation] as prime
contractor, joint venture
member, or Subcontractor
between 1st January 2019 and
bid submission deadline, a
minimum construction
experience in the following
key activities successfully
completed7:
At least 150 km of linear
construction8 (with at least 1
contract worth of 100 km9 of
linear construction) - a
communication structure, a
motor way, a railroad, all
types of pipelines, a tunnel,

7
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period.
8
The length equals the actual length of the constructed linear infrastructure and not the sum of its constituting separate components.
9
In case of own linear infrastructure construction, only a total of 100 km experience is required.
Section III - Evaluation and Qualification Criteria 51

Eligibility and Qualification Criteria Compliance Requirements Documentation


No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
an aerial ropeway, a power
transmission line,
a communication line, a funic
ular, a dam, or a canal
4.2 Specific For the contracts in 4.2 (a) Must meet Must meet Must meet the Must meet the Form EXP – 4.2
(c) Experience in above and/or any other requirements requirement following following (c)
managing ES contracts [substantially requirements: requirements:
aspects completed and under N/A Environmental
implementation] as prime and Social risk
contractor, joint venture assessment.
member, or Subcontractor Development
between 1st January, 2019 and
and bid submission deadline, implementation
experience in managing ES environmental
risks and impacts in the and social
following aspects: management
Environmental and Social documents,
risk assessment. Development development
and implementation and
environmental and social implementation
management documents, health and
development and safety
implementation health and management
safety management plan, plan,
experience working with local experience
communities. working with
local
communities
Section III – Evaluation and Qualification Criteria 52

5. Contractor’s Representative and Key Personnel


The Bidder must demonstrate that it will have a suitably qualified Contractor’s
Representative and suitably qualified (and in adequate numbers) Key Personnel, as
described in the Specification.
The Bidder shall provide details of the Contractor’s Representative and Key Personnel and
such other Key Personnel that the Bidder considers appropriate to perform the Contract,
together with their academic qualifications and work experience. The Bidder shall
complete the relevant Forms in Section IV, Bidding Forms.

6. Equipment

The Bidder must demonstrate that it has access to the key equipment as per their
methodology and work plan and list them as per hereafter (NOT APPLICABLE):

Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
4
5

The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
Section IV - Bidding Forms 53

Section IV - Bidding Forms

Table of Forms

Letter of Bid............................................................................................................................55
Appendix to Bid......................................................................................................................59
Schedule of Cost Indexation ........................................................................................59
Bill of Quantities ....................................................................................................................61
Technical Proposal .................................................................................................................62
Site Organization .........................................................................................................63
Method Statement ........................................................................................................64
Mobilization Schedule .................................................................................................65
Construction Schedule .................................................................................................66
ES Management Strategies and Implementation Plans ...............................................67
Code of Conduct for Contractor’s Personnel (ES) Form .............................................68
Form EQU: Equipment ................................................................................................72
NOT APPLICABLE ....................................................................................................72
Form PER -1 ................................................................................................................73
Form PER-2: ................................................................................................................75
Bidders Qualification without prequalification ..................................................................77
Form ELI -1.1 ..............................................................................................................78
Form ELI -1.2 ..............................................................................................................79
Form CON – 2 .............................................................................................................80
Form CON – 3 ...........................................................................................................82
Form CON – 4 ...........................................................................................................84
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance
Declaration .................................................................................................................84
Form FIN – 3.1: ...........................................................................................................86
Form FIN – 3.2: ...........................................................................................................88
Form FIN – 3.3: ...........................................................................................................89
Form FIN – 3.4: ...........................................................................................................90
Section IV - Bidding Forms 54

Form EXP - 4.1 ..........................................................................................................91


Form EXP - 4.2(a) ......................................................................................................92
Form EXP - 4.2(b) ....................................................................................................94
Form EXP - 4.2(c)........................................................................................................96
Form of Bid Security - Demand Guarantee .................................................................97
Form of Bid-Securing Declaration...............................................................................99
Adapted EIB Covenant of Integrity ...........................................................................100
Section IV - Bidding Forms 55

Letter of Bid
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE
DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the
Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]

Request for Bid No.: [insert identification]

Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, declare that:

(a) No reservations: We have examined and have no reservations to the Bidding document,
including Addenda issued in accordance with ITB 8;

(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance
with ITB 4;

(c) Bid-Securing Declaration: We have not been suspended nor declared ineligible by the
Employer based on execution of a Bid-Securing or Proposal-Securing Declaration in the
Employer’s Country in accordance with ITB 4.7;

(d) Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (v) below and delete the others].

We [where JV, insert: “including any of our JV members”], and any of our subcontractors:
(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
(iii) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations. An arbitral award on the disqualification case has been made in our
favor.]
(iv) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have subsequently provided and
Section IV - Bidding Forms 56

demonstrated that we have adequate capacity and commitment to comply with SEA
and SH prevention and response obligations.]
(v) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have attached documents
demonstrating that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]

(e) Conformity: We offer to execute in conformity with the Bidding document and in accordance
with the implementation and completion specified in the construction schedule, the following
Works: [insert a brief description of the Works];

We fully understand the data, conditions and terms of the Works specified in the Annexes 1
to 5 of the Bidding document and have no reservations about them.

(f) Bid Price: The total price of our Bid, excluding any discounts offered in item (f) below is:

______________________________________________

[insert the total price in words and figures, indicating the various amounts and the
respective currencies];

(g) Discounts: The discounts offered and the methodology for their application are:

(i) The discounts offered are: [Specify in detail each discount offered.]

(ii) The exact method of calculations to determine the net price after application of discounts
is shown below: [Specify in detail the method that shall be used to apply the discounts];

(h) Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB
18.1], and it shall remain binding upon us and may be accepted at any time before the
expiration of that period;

(i) Performance Security: If our Bid is accepted, we commit to obtain a Performance Security
[and an Environmental and Social (ES) Performance Security, Delete if not applicable] in
accordance with the Bidding document;

(j) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we
are not participating in any other Bid(s) as a Joint Venture member or as a subcontractor, and
meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance with
ITB 13;

(k) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not subject
to, and not controlled by any entity or individual that is subject to, a temporary suspension or
a debarment imposed by the World Bank Group or a debarment imposed by the World Bank
Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions
Section IV - Bidding Forms 57

between the World Bank and other development banks. Further, we are not ineligible under
the Employer’s Country laws or official regulations or pursuant to a decision of the United
Nations Security Council;

(l) State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITB 4.6];

(m) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity]

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(n) Binding Contract: We understand that this Bid, together with your written acceptance thereof
included in your Letter of Acceptance, shall constitute a binding contract between us, until a
formal contract is prepared and executed;

(o) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated
cost Bid, the Most Advantageous Bid or any other Bid that you may receive;

(p) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person
acting for us or on our behalf engages in any type of Fraud and Corruption;

(q) Potential DAAB Members: We hereby propose the following three persons, whose
curriculum vitae are attached, as potential DAAB members:

Name Address
1. ……......
2. ………..
3. ………

Name of the Bidder: *[insert name of the Bidder]

ID1 of the Bidder: [insert ID of the Bidder]

1
Company/Corporate Identification Number used to identify a business entity.
Section IV - Bidding Forms 58

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete
name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and capacity are
shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

Date signed ________________________________ day of _______________________, _____


*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the
Bid
Section IV - Bidding Forms 59

Appendix to Bid

Schedule of Cost Indexation


NOT APPLICABLE
Section IV - Bidding Forms 60

Table of Adjustment Data

NOT APPLICABLE

Table: Alternative B

To be used only with Alternative B Prices directly quoted in the currencies of payment. (ITB
15.1)

Summary of currencies of the Bid for ___________ [insert name of Section of the Works]

Name of currency Amounts payable


Local currency:
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:
Section IV - Bidding Forms 61

Bill of Quantities
Shall be provided separately
Section IV - Bidding Forms 62

Technical Proposal

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- ES Management Strategies and Implementation Plans

- Code of Conduct for Contractor’s Personnel (ES)

- Equipment

- Key Personnel Schedule

- Others
Section IV - Bidding Forms 63

Site Organization
NOT APPLICABLE
Section IV - Bidding Forms 64

Method Statement
[Shall include at least the following (but is not limited to):

• Workforce

• Planned Equipment/Machinery

• Working Schedule

• Description of the risk(s) and posible mitigation efforts]


Section IV - Bidding Forms 65

Mobilization Schedule
NOT APPLICABLE
Section IV - Bidding Forms 66

Construction Schedule

NOT APPLICABLE
Section IV - Bidding Forms 67

ES Management Strategies and Implementation Plans

(ES-MSIP)

The Bidder shall submit comprehensive and concise Environmental and Social Management
Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1 (h) of the Bid Data
Sheet. These strategies and plans shall describe in detail the actions, materials, equipment,
management processes etc. that will be implemented by the Contractor, and its subcontractors.

In developing these strategies and plans, the Bidder shall have regard to the ES provisions of the
contract including those as may be more fully described in the Works Requirements in Section
VII.
Section IV - Bidding Forms 68

Code of Conduct for Contractor’s Personnel (ES) Form

Note to the Employer:


The following minimum requirements shall not be modified. The Employer may add
additional requirements to address identified issues, informed by relevant environmental and
social assessment.
The types of issues identified could include risks associated with: labour influx, spread of
communicable diseases, Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) etc.
Delete this Box prior to issuance of the bidding documents.

Note to the Bidder:


The minimum content of the Code of Conduct form as set out by the Employer shall not
be substantially modified. However, the Bidder may add requirements as appropriate,
including to take into account Contract-specific issues/risks.

The Bidder shall initial and submit the Code of Conduct form as part of its bid.

CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL


We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name
of Employer] for [enter description of the Works]. These Works will be carried out at [enter the
Site and other locations where the Works will be carried out]. Our contract requires us to
implement measures to address environmental and social risks related to the Works, including the
risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related
to the Works. It applies to all our staff, labourers and other employees at the Works Site or other
places where the Works are being carried out. It also applies to the personnel of each subcontractor
and any other personnel assisting us in the execution of the Works. All such persons are referred
to as “Contractor’s Personnel” and are subject to this Code of Conduct.

This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be
tolerated and where all persons should feel comfortable raising issues or concerns without fear of
retaliation.
Section IV - Bidding Forms 69

REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of other
Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each person’s
control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological substances
and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women,
people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature with other
Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position
of vulnerability, differential power or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation of another;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a
sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except in
case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and
social aspects of the Contract, including on health and safety matters, Sexual Exploitation
and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether to
us or the Employer, or who makes use of the grievance mechanism for Contractor’s
Personnel or the project’s Grievance Redress Mechanism.
Section IV - Bidding Forms 70

RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be
done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling
sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not
required under the Contract, another individual designated by the Contractor to handle these
matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the
country law. Anonymous complaints or allegations may also be submitted and will be given all
due and appropriate consideration. We take seriously all reports of possible misconduct and will
investigate and take appropriate action. We will provide warm referrals to service providers that
may help support the person who experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any
behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this Code
of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name of
Contractor’s contact person(s) with relevant experience] requesting an explanation.

Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________


Countersignature of authorized representative of the Contractor:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________

ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors and
behaviors constituting Sexual Harassment (SH)
Section IV - Bidding Forms 71

ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND


BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)

The following non-exhaustive list is intended to illustrate types of prohibited behaviors.


(1) Examples of sexual exploitation and abuse include, but are not limited to:
• A Contractor’s Personnel tells a member of the community that he/she can get them jobs related
to the work site (e.g. cooking and cleaning) in exchange for sex.
• A Contractor’s Personnel that is connecting electricity input to households says that he can
connect women headed households to the grid in exchange for sex.
• A Contractor’s Personnel rapes, or otherwise sexually assaults a member of the community.
• A Contractor’s Personnel denies a person access to the Site unless he/she performs a sexual favor.
• A Contractor’s Personnel tells a person applying for employment under the Contract that he/she
will only hire him/her if he/she has sex with him/her.

(2) Examples of sexual harassment in a work context


• Contractor’s Personnel comment on the appearance of another Contractor’s Personnel (either
positive or negative) and sexual desirability.
• When a Contractor’s Personnel complains about comments made by another Contractor’s
Personnel on his/her appearance, the other Contractor’s Personnel comment that he/she is “asking
for it” because of how he/she dresses.
• Unwelcome touching of a Contractor’s or Employer’s Personnel by another Contractor’s
Personnel.
• A Contractor’s Personnel tells another Contractor’s Personnel that he/she will get him/her a
salary raise, or promotion if he/she sends him/her naked photographs of himself/herself.
Section IV - Bidding Forms 72

Form EQU: Equipment

NOT APPLICABLE

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section III, Evaluation and Qualification
Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.

Item of equipment

Equipment Name of manufacturer Model and power rating


information
Capacity Year of manufacture

Current Current location


status
Details of current commitments

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner


Address of owner

Telephone Contact name and title


Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
Section IV - Bidding Forms 73

Form PER -1

Contractor’s Representative and Key Personnel


Schedule

Bidders should provide the names and details of the suitably qualified Contractor’s Representative
and Key Personnel to perform the Contract. The data on their experience should be supplied using
the Form PER-2 below for each candidate.

Contractor’ Representative and Key Personnel


1. Title1of position: Contractor’s Representative
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
2. Title2 of position: Project Manager
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
3. Title 3of position: Principal Engineer
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
Section IV - Bidding Forms 74

4. Title of position: Legal Officer


Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]

Time commitment: for [insert the number of days/week/months/ that has been scheduled for this
this position: position]
Expected time schedule [insert the expected time schedule for this position (e.g. attach high level
for this position: Gantt chart]
5. Title4of position: Environmental and Social Officer2
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
6. Title5of position: [Health and Safety Officer]
.
Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:

2
Environmental & Social Officer as well as Health & Safety Officer can be one and same person, if he/she meets both
requirements as defined in the “Contractor’s Representative and Key Personnel” (Section VII. Works
Requirements)
Section IV - Bidding Forms 75

Form PER-2:
Resume and Declaration
Contractor’s Representative and Key Personnel

Name of Bidder

Position [#1]: [title of position from Form PER-1]

Personnel Name: Date of birth:


information
Address: E-mail:

Professional qualifications:

Academic qualifications:

Language proficiency: [language and levels of speaking, reading and writing


skills]

Details
Address of employer:

Telephone: Contact (manager / personnel


officer):
Fax:

Job title: Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]
Section IV - Bidding Forms 76

Declaration

I, the undersigned [insert either “Contractor’s Representative” or “Key Personnel” as


applicable], certify that to the best of my knowledge and belief, the information contained in this
Form PER-2 correctly describes myself, my qualifications and my experience.
I confirm that I am available as certified in the following table and throughout the expected time
schedule for this position as provided in the Bid:
Commitment Details
Commitment to duration of [insert period (start and end dates) for which this
contract: Contractor’s Representative or Key Personnel is
available to work on this contract]
Time commitment: [insert period (start and end dates) for which this
Contractor’s Representative or Key Personnel is
available to work on this contract]

I understand that any misrepresentation or omission in this Form may:


1. be taken into consideration during Bid evaluation;
2. result in my disqualification from participating in the Bid
3. result in my dismissal from the contract.

Name of Contractor’s Representative or Key Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Bidder:


Signature: ________________________________________________________
Date: (day month year): ______________________________________________
Section IV - Bidding Forms 77

Bidders Qualification without prequalification


To establish its qualifications to perform the contract in accordance with Section III,
Evaluation and Qualification Criteria the Bidder shall provide the information requested in
the corresponding Information Sheets included hereunder.
Section IV - Bidding Forms 78

Form ELI -1.1

Bidder Information Form


Date: _________________
RFB No. and title: _________________
Page __________of _______________pages

Bidder's name
In case of Joint Venture (JV), name of each member:
Bidder's actual or intended country of registration:
[indicate country of Constitution]
Bidder's actual or intended year of incorporation:

Bidder's legal address [in country of registration]:

Bidder's actual address [in country of registration]:

Bidder's authorized representative information


Name: _____________________________________
ID3: ________________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/
documents of registration of the legal entity named above, in accordance with ITB 4.4
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1
 In case of state-owned enterprise or institution, in accordance with ITB 4.6, documents
establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that the Bidder is not under the supervision of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 47.1, the successful Bidder shall provide additional information on
beneficial ownership, using the Beneficial Ownership Disclosure Form.]

3
Company/Corporate Identification Number used to identify a business entity.
Section IV - Bidding Forms 79

Form ELI -1.2

Bidder's JV Information Form


(to be completed for each member of Bidder’s JV)

Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages

Bidder’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information


Name: ____________________________________
ID4:_______________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and registration
documents of the legal entity named above, in accordance with ITB 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy,
operation in accordance with commercial law, and that they are not under the supervision of the Employer,
in accordance with ITB 4.6.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. [If required
under BDS ITB 47.1, the successful Bidder shall provide additional information on beneficial ownership
for each JV member using the Beneficial Ownership Disclosure Form.]

4
Company/Corporate Identification Number used to identify a business entity.
Section IV - Bidding Forms 80

Form CON – 2

Historical Contract Non-Performance, Pending Litigation


and Litigation History
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor
2.3 as indicated below.
Section IV - Bidding Forms 81

Year of Amount in Contract Identification Total Contract


dispute dispute Amount
(currency) (currency), USD
Equivalent
(exchange rate)
Contract Identification: _________
Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount
Worth (currency), USD
Equivalent
(exchange rate)
[insert [insert percentage] Contract Identification: [indicate [insert amount]
year] complete contract name, number, and any
other identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]
Reason(s) for Litigation and award decision
[indicate main reason(s)]
Section IV - Bidding Forms 82

Form CON – 3
Environmental and Social Performance
Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and each
Specialized Subcontractor]

Bidder’s Name: [insert full name]


Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

Environmental and Social Performance Declaration


in accordance with Section III, Qualification Criteria, and Requirements
 No suspension or termination of contract: An employer has not suspended or terminated a
contract and/or called the performance security for a contract for reasons related to Environmental
or Social (ES) performance since the date specified in Section III, Qualification Criteria, and
Requirements, Sub-Factor 2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have been
suspended or terminated and/or Performance Security called by an employer(s) for reasons related
to Environmental or Social (ES) performance since the date specified in Section III, Qualification
Criteria, and Requirements, Sub-Factor 2.5. Details are described below:
Year Suspended or Contract Identification Total Contract
terminated Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract[insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s) e.g. gender-based violence; sexual
exploitation or sexual abuse breaches]
[insert [insert amount Contract Identification: [indicate complete contract[insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Section IV - Bidding Forms 83

Reason(s) for suspension or termination: [indicate main


reason(s)]
… … [list all applicable contracts] …
Performance Security called by an employer(s) for reasons related to ES performance
Year Contract Identification Total Contract
Amount (current
value, currency,
exchange rate and
US$ equivalent)
[insert Contract Identification: [indicate complete contract name/ number, and[insert amount]
year] any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for calling of performance security: [indicate main reason(s)
e.g. for gender-based violence; sexual exploitation, or sexual abuse
breaches]
Section IV - Bidding Forms 84

Form CON – 4
Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each subcontractor
proposed by the Bidder]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration


in accordance with Section III, Qualification Criteria, and Requirements

We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An
arbitral award on the disqualification case has been made in our favor.
 (d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have subsequently demonstrated that we have adequate capacity and
commitment to comply with SEA/ SH obligations.
 (e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have attached evidence demonstrating that we have adequate capacity
and commitment to comply with SEA/ SH obligations.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

[If (d) or ( e) above are applicable, provide the following information:]

Period of disqualification: From: _______________ To: ________________

If previously provided on another Bank financed works contract, details of evidence that demonstrated
adequate capacity and commitment to comply with SEA/ SH obligations (as per (d) above)
Name of Employer: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
Section IV - Bidding Forms 85

______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
______________________________________________________________________

As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/ SH obligations (as per (e) above) [attach details as appropriate].
Section IV - Bidding Forms 86

Form FIN – 3.1:

Financial Situation and Performance


Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

1. Financial data

Type of Financial information Historic information for previous _________years,


in ______________
(currency) (amount in currency, currency, exchange rate*, USD
equivalent)
Year 1 Year 2 Year3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating


Activities
Section IV - Bidding Forms 87

*Refer to ITB 15 for the exchange rate

2. Sources of Finance

Specify sources of finance to meet the cash flow requirements on works currently in progress
and for future contract commitments.

No. Source of finance Amount (US$ equivalent)

2. Financial documents

The Bidder and its parties shall provide copies of financial statements for ___________years pursuant
Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:

(a) reflect the financial situation of the Bidder or in case of JV member, and not an affiliated
entity (such as parent company or group member).

(b) be independently audited or certified in accordance with local legislation.

(c) be complete, including all notes to the financial statements.

(d) correspond to accounting periods already completed and audited.

 Attached are copies of financial statements5 for the ____________years required above; and
complying with the requirements

5
If the most recent set of financial statements is for a period earlier than 12 months from the date of Bid, the reason
for this should be justified.
Section IV - Bidding Forms 88

Form FIN – 3.2:

Average Annual Construction Turnover


Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Annual turnover data (construction only)


Year Amount Exchange rate USD equivalent
Currency
[indicate [insert amount and indicate
year] currency]

Average
Annual
Construction
Turnover *

* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.


Section IV - Bidding Forms 89

Form FIN – 3.3:

Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III,
Evaluation and Qualification Criteria

Financial Resources
No. Source of financing Amount (US$ equivalent)

3
Section IV - Bidding Forms 90

Form FIN – 3.4:

Current Contract Commitments / Works in Progress


Bidders and each member to a JV should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received,
or for contracts approaching completion, but for which an unqualified, full completion certificate
has yet to be issued.

Current Contract Commitments


Value of
Average Monthly
Employer’s Outstanding Estimated
Invoicing Over Last
No. Name of Contract Contact Address, Tel, Work Completion
Six Months
Fax [Current US$ Date
[US$/month)]
Equivalent]
1

5
Section IV - Bidding Forms 91

Form EXP - 4.1

General Construction Experience


Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Starting Ending Contract Identification Role of


Year Bidder
Year
Contract name: ____________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________
Brief Description of the Works performed by the
Bidder: __________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________
Section IV - Bidding Forms 92

Form EXP - 4.2(a)

Specific Construction and Contract Management


Experience
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Similar Contract No. Information

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontra
Contractor JV Contractor
ctor 
  
Total Contract Amount US$
If member in a JV or Subcontractor,
specify participation in total
Contract amount
Employer's Name:
Address:
Telephone/fax number
E-mail:
Section IV - Bidding Forms 93

Form EXP - 4.2(a) (cont.)

Specific Construction and Contract Management


Experience (cont.)
Similar Contract No. Information

Description of the similarity in


accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works items
3. Complexity
4. Methods/Technology
5. Construction rate for key activities
6. Other Characteristics
Section IV - Bidding Forms 94

Form EXP - 4.2(b)

Construction Experience in Key Activities


Bidder's Name: ________________
Date: ___________________
Bidder's JV Member Name: __________________
Subcontractor's Name6 (as per ITB 34): ________________
RFB No. and title: _____________________

Page __________________of ________________pages

All Subcontractors for key activities must complete the information in this form as per ITB 34
and Section III, Evaluation and Qualification Criteria, Sub-Factor 4.2.

1. Key Activity No One: ________________________

Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount US$
Quantity (Volume, number or rate of Total quantity in Percentage Actual
production, as applicable) performed the contract participation Quantity
under the contract per year or part of the (i) (ii) Performed
year (i) x (ii)

Year 1
Year 2
Year 3
Year 4
Year 5
Year 6

6
If applicable
Section IV - Bidding Forms 95

Information
Employer’s Name:

Address:
Telephone/fax number
E-mail:

Information

Description of the key activities in


accordance with Sub-Factor 4.2(b) of
Section III:

2. Activity No. Two


3. …………………
Section IV - Bidding Forms 96

Form EXP - 4.2(c)

Specific Experience in Managing ES aspects

[The following table shall be filled in for contracts performed by the Bidder, and each
member of a Joint Venture]

Bidder's Name: ________________


Date: ___________________
Bidder's JV Member Name: __________________
RFB No. and title: _____________________
Page __________________of ________________pages

1. Key Requirement no 1 in accordance with 4.2 (c): ______________________


Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount
US$

Details of relevant experience

2. Key Requirement no 2 in accordance with 4.2 (c): ______________________


3. Key Requirement no 3 in accordance with 4.2 (c): ______________________
4. …
Section IV - Bidding Forms 97

Form of Bid Security - Demand Guarantee


NOT APPLICABLE

Beneficiary: __________________________

Request for Bids No: ________________________________________

Date: __________________________

BID GUARANTEE No.: __________________________

Guarantor: ________________________________________________

We have been informed that __________________________ (hereinafter called "the Applicant")


has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the
execution of ________________ under Request for Bids No. ___________ (“the RFB”).

Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be


supported by a Bid guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________)
upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying or
identifying the demand, stating that either the Applicant:

(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter
of Bid, or any extended date provided by the Applicant; or

(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date
of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the Performance Security and, if
required, the Environmental and Social (ES) Performance Security, in accordance with the
Instructions to Bidders (“ITB”) of the Beneficiary’s Bidding document.

This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies
of the contract agreement signed by the Applicant and the Performance Security and, if required,
the Environmental and Social (ES) Performance Security, issued to the Beneficiary in relation to
such contract agreement; or (b) if the Applicant is not the successful Bidder, upon the earlier of (i)
our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding
process; or (ii) twenty-eight days after the expiry date of the Bid validity.

Consequently, any demand for payment under this guarantee must be received by us at the office
indicated above on or before that date.
Section IV - Bidding Forms 98

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision,
ICC Publication No. 758.

_____________________________

[signature(s)]
Section IV - Bidding Forms 99

Form of Bid-Securing Declaration


Date: _______________
RFB No.: ________________
Alternative No.: ________________

To:

We, the undersigned, declare that:

We understand that, according to your conditions, Bids must be supported by a Bid-Securing


Declaration.

We accept that we will automatically be suspended from being eligible for Bidding, or submitting
Proposals in any contract with the Employer for the period of time specified in Section II – Bid
Data Sheet, if we are in breach of our obligation(s) under the Bid conditions, because we:

(a) have withdrawn our Bid prior to the expiry date of the Bid validity specified in the Letter of
Bid or any extended date provided by us; or

(b) having been notified of the acceptance of our Bid by the Employer prior to the expiry date
of the Bid validity in the Letter of Bid or any extended date provided by us, (i) fail or refuse
to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security
and, if required, the Environmental and Social (ES) Performance Security, in accordance
with the ITB 48.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon
the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii)
twenty-eight days after the expiry date of the Bid validity.

Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint
Venture that submits the Bid.].
Section IV - Bidding Forms 100

Adapted EIB Covenant of Integrity

COVENANT OF INTEGRITY
to the Promoter
from a Tenderer, Contractor, Supplier or Consultant to be attached to its Tender

“We declare and covenant that neither we nor anyone, including any of our directors, employees, agents,
joint venture partners or sub-contractors, where these exist, acting on our behalf with due authority or with
our knowledge or consent, or facilitated by us, has engaged, or will engage, in any Prohibited Conduct (as
defined below) in connection with the tendering process or in the execution or supply of any works, goods
or services for N(N)LE OPEN NET N(N) (the “Contract”) and covenant to so inform you if any instance
of any such Prohibited Conduct shall come to the attention of any person in our organisation having
responsibility for ensuring compliance with this Covenant.

We shall, for the duration of the tender process and, if we are successful in our tender, for the duration of
the Contract, appoint and maintain in office an officer, who shall be a person reasonably satisfactory to you
and to whom you shall have full and immediate access, having the duty, and the necessary powers, to ensure
compliance with this Covenant.

We declare and covenant that neither we nor anyone, including any of our directors, employees, agents,
joint venture partners or sub-contractors, where these exist, acting on our behalf with due authority or with
our knowledge or consent, or facilitated by us, is listed or otherwise subject to EU/ Sanctions1 and/or UN
Sanctions2; or if we or anyone described above is listed or otherwise subject to EU Sanctions and/or UN
Sanctions, we give details of that listing or subjection for further consideration by EIB.[give details if
necessary] We further declare and covenant that neither we nor anyone described above, in connection with
the execution or supply of any works, goods or services for the Contract, will act in contravention of EU/UN
Sanctions. We covenant to so inform you if any instance shall come to the attention of any person in our
organisation having responsibility for ensuring compliance with this Covenant

If (i) we have been, or any such director, employee, agent or joint venture partner, where this exists, acting
as aforesaid has been, convicted in any court or sanctioned by any authority of any offence involving a
Prohibited Conduct in connection with any tendering process or provision of works, goods or services
during the five years immediately preceding the date of this Covenant, or (ii) any such director, employee,
agent or a representative of a joint venture partner, where this exists, has been dismissed or has resigned
from any employment on the grounds of being implicated in any Prohibited Conduct, or (iii) we have been,
or any of our directors, employees, agents or joint venture partners, where these exist, acting as aforesaid
has been excluded or otherwise sanctioned by the EU Institutions or any major Multi-lateral Development
Bank (including World Bank Group, African Development Bank, Asian Development Bank, European
Bank for Reconstruction and Development, European Investment Bank or Inter-American Development
Bank) from participation in a tendering procedure on the grounds of Prohibited Conduct, we give details of

1
Pursuant to Chapter 2 of Title V of the TEU and the objectives of the Common Foreign and Security Policy set out
in Article 21 of the TEU and Article 215 of the TFEU.
2
Pursuant to financial sanctions decided by the United Nations Security Council on the basis of Chapter VII of the
UN Charter.
Section IV - Bidding Forms 101

that conviction, dismissal or resignation, or exclusion below, together with details of the measures that we
have taken, or shall take, to ensure that neither this company nor any of our directors, employees or agents
commits any Prohibited Conduct in connection with the Contract. [give details if necessary]

We acknowledge that if we are subject to an exclusion decision by the European Investment Bank (EIB) or
an EU/UN Sanction (as defined above), we will not be eligible for funding by the EIB.

We grant N(N)LE OPEN NET, the European Investment Bank and auditors appointed by either of them,
as well as any authority or European Union institution or body having competence under European Union
law, the right to inspect and copy our books and records and those of all our sub-contractors under the
Contract. We accept to preserve these books and records generally in accordance with applicable law but
in any case for at least six years from the date of tender submission and in the event we are awarded the
Contract, at least six years from the date of substantial performance of the Contract.”

For the purpose of this Covenant, Prohibited Conduct has the meaning provided in EIB’s Anti-Fraud
Policy.3

Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

3
EIB’s Anti-Fraud Policy for definitions (http://www.eib.org/infocentre/publications/all/anti-fraud-policy.htm)
Section V – Eligible Countries 102

Section V - Eligible Countries

Eligibility for the Provision of Goods, Works and Non Consulting Services in
Bank-Financed Procurement

In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods
and services from the following countries are excluded from this Bidding process:
Under ITB 4.8 (a) and 5.1: None
Under ITB 4.8 (b) and 5.1: None
Section VI – Fraud and Corruption 103

Section VI - Fraud and Corruption


1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of
their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.

2.2 To this end, the Bank:


a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions
of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Bank investigation into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,
Section VI – Fraud and Corruption 104

engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing


for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other
appropriate actions, including declaring misprocurement, if the Bank determines at any
time that representatives of the Borrower or of a recipient of any part of the proceeds of
the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during
the procurement process, selection and/or execution of the contract in question, without
the Borrower having taken timely and appropriate action satisfactory to the Bank to address
such practices when they occur, including by failing to inform the Bank in a timely manner
at the time they knew of the practices;
d. Pursuant to the Banks Anti-Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract,
financially or in any other manner;1 (ii) to be a nominated2 sub-contractor, consultant,
manufacturer or supplier, or service provider of an otherwise eligible firm being awarded
a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank
or otherwise to participate further in the preparation or implementation of any Bank-
financed project;
e. Requires that a clause be included in bidding/request for proposals documents and in
contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants,
contractors, and suppliers: and their sub-contractors, sub-consultants, service providers,
suppliers, agents, personnel, permit the Bank to inspect3 all accounts, records and other
documents relating to the procurement process, selection and/or contract execution, and to
have them audited by auditors appointed by the Bank.

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder
to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken
by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating
the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes
but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies
thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic
format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Part 2 – Works’ Requirements 105

PART 2 –Works’ Requirements


Section VII - Works’ Requirements
Contents

Scope of Works .....................................................................................................................108


Specification..........................................................................................................................109
Environmental and Social (ES) requirements...................................................................110
Contractor’s Representative and Key Personnel ..............................................................116
Drawings ...............................................................................................................................118
Supplementary Information ...............................................................................................119
Section VII – Work’s Requirement 108

Scope of Works

Provided separately and is an integral part of this Bidding Document


Section VII– Work’s Requirements 109

Specification

Provided Separately and is an integral part of this Bidding Document


Section VII – Work’s Requirement 110

Environmental and Social (ES) requirements

Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.

4.1 Contractor’s General Contractor’s obligations


Obligations for the Environmental and
Social issues can be found
in the ESMP file (Annex 6)

4.6 Traffic Management Develop Traffic


Management Plan/method
statement for traffic
management to regulate the
movement of construction
vehicles of the Contractor.
The Plan will address the
issues that will arise from
increased traffic on the local
roads. The document should
identify and assess road
safety related risks, provide
respective mitigation
measures and identify
responsible parties. Traffic
Management Plan should be
developed before the
commencement of
construction works and
approved by Engineer.

4.8 Health and Safety Develop and establish safe


Obligations working procedures at
construction sites, include
them into Occupational
Health and Safety Manual
for workers, and closely
oversee adherence to the
manual;
Section VII– Work’s Requirements 111

Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
Develop training materials,
train the workers and keep
the records of training
sessions;
Develop and establish
procedures for prevention,
preparedness and response
to emergency situations,
including COVID Infection
Prevention and Emergency
Response Plan;
Develop and implement
Community Health and
Safety Plan to manage
specific risks and impacts
to the communities arising
from Project activities.
Provide necessary PPE for
the workers and enforce its
adequate use.

4.18 Protection of the Demarkate


Environment worksites/working areas
and keep all construvtion
activities within these areas;
Pile up construciton
materials and waste within
work sites/working areas in
an organized manner
minimizing disruption of
traffic and hindrance of free
movement/access by nearby
communities;
Keep excavated soil
separately from
construction waste and use
for backfilling to the extent
feasible. Spread out excess
Section VII – Work’s Requirement 112

Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
material to harmonize
worksite with landscape.
Disallow littering at and
around worksites, dispose
household and construction
waste as pre-agreed with
Engineer, disallow open air
burning and disorganized
dumping of any waste.

4.21 Security of the Site Put safety installations


(fencing, barricading,
signage, illumination,) in
place before the
commencement of
construction works for
keeping unauthorized
persons off the Site;
Supply and keep
basic medical
facilities on site and
train staff in the
delivery of first aid.

4.23 (c) Archeological and Adhere to


Geological Finds provisions of
Chance Find
Procedure (Part of
the Employer’s
ESMP) during the
implementaiton of
consturciton works;

In case chance find is


encountered during
the earth moving
activities,
immediately
Section VII– Work’s Requirements 113

Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
suspend
construction works
and promptly notiry
the Engineer. Do not
resume work untill
receiving of further
guidance from the
Engineer.
6.2 Rate of Wages and Develop Labor
Conditions of Labour Management
Procedure, in
compliance with
project Labour
Management
Procedure. Provide
candidate employee/
constrution worker
with the
information about
the work to be
performed, the type
of employment
contract, terms, the
working conditions
and legal rights of
the employee.
Formalize recruitment of
every worker through
sining a labor agreement
including clear
determination of the form
and amount of
remuneration;
Pay wages at least once a
month.
Section VII – Work’s Requirement 114

Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.

6.5 Working Hours Establish working


hours for staff not
exceeding 40 hours
per week (8 hours
per day). In case of
specific types of
employment, keep
duration of work
below 48 hours per
week. Allow for a
break for staff
during each
workday.

6.27 Training of Contractor’s Deliver training to


Personnel personnel on (i)
occupational health and
safety, (ii) COVID
infection prevention, (iii)
environmental and social
requirements of the
project. The Contractor
will develop training
materials and conduct
training session for the
workers before the
commencement of
construction works.

.
• Pollution prevention and management
• Management of air pollution:
Section VII– Work’s Requirements 115

Contractor should follow specific measures (regular application of dust control measures
on the affected areas, regular checking of construction equipment for emissions,
disallowing excessive idling of construction vehicles at site) identified in the
Environmental and Social Management Plan (ESCP) to reduce air pollution.
• Management of hazardous and nonhazardous wastes:
• The Environmental and Social Management Plan (ESCP) provides detailed
guidance about the management of hazardous substances and waste. All
hazardous materials that can be encountered or generated during the
construction phase should be managed, stored, transported and disposed
according to the requirements of the Project and national legislation.
• Management of chemicals and hazardous materials.
• Road Safety
• The Contractor should develop and implement Traffic Management Plan and
Community Health and Safety Plan to address road safety and traffic management
related issues. The documents should identify and assess road safety related risks and
provide respective mitigation measures and identify responsible parties. .
Payment for ES Requirements
Environmental, social and health and safety requirement related costs will be covered under the
prices for other work BoQ items.
In addition, the Bidder should provide sums for personal protective equipment for workers
and for training and orientation sessions on health and safety and SEA/SH related issues.
Section VII – Work’s Requirement 116

Contractor’s Representative and Key Personnel

Contractor’s Representative and Key Personnel


Item Minimum years of
Relevant academic
No. Position/specialization relevant work
qualifications
experience
Contractor’s Representative
1 Project Manager Degree in At least 5 years of
Telecommunications, working experience in
Electro Mechanics, the management and
Electricity ,Business control of linear
Administration, construction, and
Management or similar tackling
field. all technical and
administrative aspects
required for projects.
2 Principal Engineer Degree in At least 3 years
telecommunications, experience in the
electro mechanics, creation/forming of
electricity or similar field. phisical and logical
fiber optic schemes, and
deployment,
measurement and
calibration of
subsequent
networks/infrastructure.
3 Legal Officer Degree in Law. Knowledge of Georgian
Legislation and at least
3 years experience in
relationships/communic
ation with Govermental
authorities.
4 Environmental and Social Degree in environmental At least 1 year working
Officer1 sciences, or similar field. experience in similar
field. Experience with
infrastructure projects,
ESMP implementation
and developing of HSE
documentation.

1
Environmental & Social Officer as well as Health & Safety Officer can be one and same person, if he/she meets both
requirements.
Section VII– Work’s Requirements 117

5 Health and Safety Officer Degree in environmental At least 1 year working


sciences, or similar field. experience in similar
works. Experience with
development and
implementation of health
and safety management
plans on construction
works in Georgia.
Experience with
development H&S
training materials and
conduct trainings.
Section VII – Work’s Requirement 118

Drawings
Provided separately and are integral part of this Bidding Document
Section VII– Work’s Requirements 119

Supplementary Information

Not Applicable

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